ORDINANCES 

OF  THE  MAYOR,  ALDERMEN  AND  COMMONALTY 
OF  THE  CITY  OF 
NEW  YORK 


REVISED  A.  D.  1859  BY  D.  T.  VALENTINE 

ADOPTED  BY  THE  COMMON  COUNCIL 
AND  PUBLISHED  BY  THEIR  AUTHORITY. 


New  York 
C.  W.  Baker,  printer,  1859. 


PREFACE. 


THIS  edition  of  the  City  Ordinances  has  been  revised  under 
circumstances  which  rendered  necessary  their  adoption  by  the 
city  government.  Since  the  last  revision  (by  DAVID  GRAHAM, 
Esq.,  in  the  year  1845,)  the  Constitution  of  the  State  has  been 
remodeled,  and  provisions  have  been  introduced  which  annulled 
the  operation  of  many  of  the  ordinances  of  the  city  previously 
existing  ;  several  State  laws  have  also  been  passed  which  affected 
the  powers  of  the  municipal  government  and  established  regula- 
tions to  which  it  was  necessary  to  make  the  ordinances  conform. 
In  addition  to  these  circumstances,  three  amended  charters  were 
passed  (those  of  1849,  1853  and  1857,)  to  meet  the  requirements 
of  which  the  ordinances  were,  in  some  degree,  altered  at  those 
successive  periods  ;  but  by  their  conflicting  provisions,  additional 
complications  ensued  in  the  body  of  the  ordinances. 

Appreciating  the  necessity  of  a  careful  performance  of  the 
duties  intrusted  to  him,  the  undersigned  did  not  rely  entirely  upon 
himself  in  the  preparation  of  this  revision,  and  to  his  attorney,  JOHN 
PAULDING,  Esq.,  he  deems  it  due  to  acknowledge  services  entirely 
satisfactory.  An  analysis  of  the  charters  and  all  the  recent  State 
laws  was  made  with  a  view  to  a  more  certain  detection  of  con- 
flicting provisions,  and  several  of  the  departments  were  re-organ- 
ized by  the  Common  Council.  When  the  ordinances  were  pre- 
pared, they  were  from  time  to  time  submitted  to  the  Common 


317125 


-IT  PREFACE. 

Council,  by  whom  they  were  ordered  to  be  printed  in  a  documen- 
tary form,  and  were  thus  brought  to  the  notice  of  the  members  of 
the  city  government  and  the  officers  of  the  departments.  With 
some  additional  amendments  to  make  them  conform  to  the  practi- 
cal workings  of  the  departments,  they  were  finally  submitted  in  a 
body  to  the  Common  Council,  and  having  passed  the  Board  of 
Aldermen  on  the  6th  day  of  June,  1859,  and  the  Board  of  Coun- 
cilmen  on  the  13th  day  of  June,  1859,  they  were  approved  by 
the  Mayor  on  the  20th  day  of  June,  1859.  Such  ordinances  as 
passed  between  the  last-mentioned  date  and  the  time  of  placing 
the  work  in  the  printer's  hands,  have  been  likewise  incorporated 
in  the  work.  The  ordinances  thus  adopted  are  embraced  between 
pages  37  and  478  (inclusive)  of  this  volume. 

DAVID  T.  VALENTINE, 

Clerk  of  the  Common  Council. 


CONTENTS 


OP  THE  VARIOUS   CHAPTERS  OP   CITY  ORDINANCES. 


CHAPTER  I. 

Of  the  May  or ,  and  the  officers  appertaining  to  the  Mayor's  office. 

PAGE' 

ARTICLE   I. — Of  the  Mayor     -  37 

II. — Of  the  Clerks  in  the  Mayor's  office  -  38 

III. — Of  the  Marshals  in  the  Mayor's  office    -        -       40 

CHAPTER  II. 

Of  the  Legislative  Department. 

ARTICLE  I. — Of  the  Common  Council,  and  its  powers  and 

duties  42 

II. — Of  the  Clerk  of  the  Common  Council  and 

his  Deputy  and  Assistants    -  45 

III.— Of  the  Clerk  of  the  Board  of  Councilmen 

and  his  Deputy  and  Assistants  -        -  49 

IV. — Of  the  other  officers  of  the  Common  Council        52 

CHAPTER  III. 

Of  the  Department  of  Finance. 

ARTICLE  I. — Of  the  Department  of  Finance,  and  its  bu- 
reaux generally  54 
II.— Of  the  Comptroller         -        -  56 


VI  CONTENTS. 

ARTICLE  III. — Of  the  Deputy  Comptroller  63 

IV ._0f  the  Clerks  in  the  office  of  the  Comptroller  64 

V. — Of  the  Bureau  of  City  Revenue    -  61 

VI.— Of  the  Bureau  of  Receiver  of  Taxes  -  71 

YII.—Of  the  Bureau  of  Clerk  of  Arrears  72 

VIII. — Of  the  Bureau  of  Deposit  and  Disbursement  74 

IX.— Of  the  Auditing  Bureau    -        -  76 


CHAPTER  IV. 

Of  the  Street  Department. 

ARTICLE  I. — Of  the  Street  Department  and  its  bureaux 

generally  78 

II  — Of  the  Street  Commissioner  '  -  80 

III. — Of  the  Deputy  Street  Commissioner    -  88 
IV. — Of  the  Clerks  in   the  office  of  the  Street 

Commissioner      .  89 

V. — Of  the  Bureau  of  Street  Improvements        -  91 

VI.— Of  the  Bureau  of  Wharves     -  93 

VII.— Of  the  Bureau  of  Roads  95 

VIII.— Of  the  Bureau  of  Lands  and  Places  9t 

IX. — Of  the  Bureau  of  Lamps  and  Gas       -  99 

X. — Of  the  Bureau  of  Repairs  and  Supplies  -  102 

XI. — Of  the  Deputy  Superintendent  of  Repairs 

and  Supplies  104 
XII.— Of  the  Bureau  of  the  Chief  Engineer  of  the 

Fire  Department      -                                  -  108 

XIII. — Of  the  Bureau  of  Collection  of  Assessments  111 

XIV.— Of  Surveying        ...  119 


CONTENTS.  Vil 

CHAPTER  V. 

Of  the  Law  Department. 

ARTICLE  I. — Of  the  Law  Department  and  its  bureaux  gen- 
erally     -  -122 
II. — Of  the  Counsel  to  the  Corporation  and  his 

Clerks  -          123 

III. — Of  the  Bureau  of  the  Corporation  Attorney       126 
IV.— Of  the  Bureau  of  Public  Administrator       -       130 

CHAPTER  VI. 

Of  the  Croton  Aqueduct  Board. 

ARTICLE  I. — Of  the  Croton  Aqueduct  Board  and  its  bu- 
reaux generally                          .  134 
II. — Of  the  Croton  Aqueduct  Board  136 
III. — Of  the  Bureau  of  the  Water  Registrar  and 

the  scale  of  Water  Rents  -       141 

IV. — Of  the  Bureau  of  the  Water  Purveyor  148 

V. — General  Provisions      -  150 

CHAPTER  VII. 

Of  the  City  Inspector's  Department. 

ARTICLE  I. — Of  the  City  Inspector's  Department  and  its 

bureaux  generally     -  15t 
II. — Of  the  City   Inspector  and  his  Clerks  and 

Messengers  158 
III. — Of  the  Bureau  of  Sanitary  Inspection  and 

Street  Cleaning       -  162 

IV.— Of  the  Bureau  of  Markets      -  166 

V.— Of  the  Bureau  of  Records  and  Statistics    -  172 

VI. — Of  the  Bureau  of  Weights  and  Measures  173 


Till  CONTENTS. 

CHAPTER  VIII. 

Of  [Miscellaneous  Provisions  respecting  the  Executive  Departments 
and  their  officers. 

ARTICLE  I. — Of  the  officers  of  the  Departments  and  their 

accountability  -       174 

II. — Of  Contracts  for  supplies  and  work  for  the 

Corporation  177 

CHAPTER  IX. 

Of  the    Sinking  Fund. 

ARTICLE  I. — Of  the  Sinking  Fund  for  the  redemption  of 

the  City  Debt  -      190 

II. — Of  the  Sinking  Fund  for  the  payment  of  in- 
terest .          192 
III.— Of  the  officers  of  the  Sinking  Fund  193 
IV.— Of  the  disposition  of  Real  Estate  196 
V. — Of  the  valuation  at  which  Real  Estate  shall 

be  sold    -  -  ,    201 

CHAPTER  X. 

Of  the,   Fire   Department. 

ARTICLE  I. — Of  the  Department  generally       -  -      203 

II. — Of  the  Chief  Engineer,    the  Assistant  En- 
gineers and  Fire  Wardens    -  204 
III. — Of  the  Firemen  and    Fire  Companies   and 
herein  of  fire  apparatus,  and  the  manage- 
ment and  care  thereof,  and  the  regulations 
to  be  observed  at  fires      -                          -      209 
IV.— Of  Bell-ringers                                                    222 
V.— Of  Fire  Districts                                                 224 
VI.— Special  Provisions                                               227 


CONTENTS. 


CHAPTER  XI. 

Of  the,  Prevention  of  Fires.    - 


CHAPTER  XII. 

Of  the  Storing  and  keeping  of  Gunpowder  and  Fireworks.    -      231 

CHAPTER   XIII. 

Of  the  Firing  of  Fire-arms,  Cannons  and  Fireworks.          -       234 

CHAPTER   XIY. 

Of  Paving^  Repaying  and  Repairing  the  Carriageways  of 

Streets  and  Avenues,    -  -      237 

CHAPTER  XV. 

Of  Flagging  and  Laying  and  Repairing  Sidewalks,  and 

Curb  and  Gutter   Stcnes,  241 

CHAPTER  XVI. 

Of  Sewers  and  Drains,     -  -     247 

CHAPTER  XVII. 

Of  tht  Lighting  of  Public  Gas  Lamps,        -  255 

CHAPTER  XTIII. 

Of  Vaults,   Cisterns  and  Areas,      -  -     256 

CHAPTER  XIX. 

Of  Public  Wells,  Pumps,  Cisterns  and  Hydrants,  261 

CHAPTER  XX. 

Of  the  Erection  of  Barriers  to  Prevent  Accidents,  -         264 


X  CONTENTS. 

CHAPTER  XXI. 

Of  Preserving  the  Monuments  Designating  the  Streets  and 

Avenues ,  -          268 

CHAPTER  XXII. 

Of  Numbering  the  Streets,  -     269 

CHAPTER  XXIII. 

Of  Cleaning  the  Streets  and  herein  of  the  Removal  of  Snow  and 
Ice  and  the  Sale  and  Cartage  of  Manure. 

ARTICLE  I. — Of  cleaning  the  streets,  271 

II. — Of  the  removal  of  snow  and  ice,  -  276 

III. — Of  the  sale  and  cartage  of  manure,  sand  and 

dirt,       -  278 

CHAPTER  XXIV. 

Of  Obstructing  the  free  use  of  the  Public  Streets,  Wharves 
and  Piers,  280 

CHAPTER  XXV. 

Of  the  Public  Places  and    Grounds,  -       289 

CHAPTER  XXVI. 

Of  Vessels,  Wharves,  Piers  and  Slips. 

ARTICLE  I. — Of  leasing  the  public  docks,  wharves,  piers 

and  slips,  291 
II. — Of  the  laying  of  vessels  at  the  wharves  and 

the  regulations  of  vessels,  -      292 

III. — Of  the  rates  of  wharfage,  297 

IV. — Of  incumbering  the  slips,      -  -      300 

V.— Of  the  ringing  of  boat  bells,  -                              302 

VI.— Of  the  lumber  dock,    -  -       303 


CONTENTS.  XI 

CHAPTER  XXVII. 

Of  Saks  in  the  Public  Streets. 

ARTICLE  I.— Of  places  at  which  furniture  may  be  sold  at 

auction  in  the  streets,  -      -      307 

II. Of  the  regulation  of  sales  in  the  public  streets,     308 

CHAPTER  XXVIII. 

Of  Public  Worship  in  the  Streets  and  Public  Places,  31  & 

CHAPTER  XXIX. 

Of  Driving  Horses  in  the  City,  315 

CHAPTER  XXX. 

Of  Sinks,  Primes  and  Cesspools,  317 

CHAPTER  XXXI. 

•  Of  Partition  Fences  and  Walls,  -       32& 

CHAPTER  XXXII. 

Of  the  Blasting  of  Rods,     -        -  328 

CHAPTER  XXXIII. 

Of  Noislways,.      -  -  329 


Xii  CONTENTS. 

CHAPTER  XXXIV. 

Of  Weights  and  Measures. 

ARTICLE  I. — Of  the  districts  for  sealing  and  inspecting 

weights  and  measures,      -  -       330 

II — Of  the  sealing  and  inspecting  of  weights  and 

measures,     -  331 

III. — Of  the  fees  of  the  Inspectors  of  Weights  and 

Measures,  -      332 

VI.— Of  the  fees  of  the  City  Sealers   of  .Weights 

and  Measures, 334 


CHAPTER  XXXV. 

Of  the  Public  Markets. 

ARTICLE  I. — Of  markets  and  market  days,  -                 -      336 

II.— Of  Clerks  of  the  markets,  33*1 

III.— Of  butchers,  341 

IV._Of  market  fees,  343 

V. — Of  general  rules  and  regulations,  -      344 


CHAPTER  XXXVI. 

Of  the  Salt,  §*c..  of  Firewood,  Hay,  Straw,  Lime  and  Coal. 

ARTICLE  I. — Of  the  sale  of  firewood,  351 

II.— Of  hay  and  straw,  353 

III.— Of  lime,  354 

IV.— Of  coal,  355 


CONTENTS. 

CHAPTER  XXXYII. 

Of  Carts  and  Cartmen,  Dirt    Carts,  Public  Porters  and  Garbage 

Carts. 

ARTICLE  I. — Of  carts  and  cartmen,  -      356 

II.— Of  dirt  carts,  367 

III.— Of  public  porters,  369 

IV. — Of  garbage  and  other  carts,  -                             372 

CHAPTER  XXXYI1I. 

Of  Express  Wagons,  374 

CHAPTER  XXXIX. 

Of  Stages  01   Accommodation  Coaches. 

ARTICLE  I. — Of  licensing  stages  or  accommodation  coaches,  376 
II. — Of  the  places  at  which  stages  may  stand 

•waiting  for  hire,      -  378 
III. — Of  stages  while  on  the  stand  or  moving  from 

one  stand  to  another,  380 

IV. — Of  stages  while  going  or  driving,  -  381 

V. — Of  the  superintendence  of  stages,    -  384 

VI. — General  provisions,      -  -  -  385 

CHAPTER  XL. 

Of  Hackney  Coaches  and  Cabs. 

ARTICLE  I. — Of  licensing  owners  of  hackney  coaches,    -  386 

II  — Of  licensing  drivers  of  hackney  coaches,  -      388 

III. — Of  the  rates  and  ^prices  of  fares,    -  390 

IV. — Of  the  regulation  and  numbering  of  hacks,  -      393 


Sly          .  CONTENTS. 

ARTICLE  V. — Of  the  places  at  which  hacks  may  stand  for 

hire,  -  396 

VI. — Of  special  hackney  coaches  or  carriages,      -  398 
VII. — Of  the  superintendance  of  hackney  coaches 

and  carriages,  -  400 

VIIL— Of  cabs,  -  401 


CHAPTER  XLI. 

Of  the,  Licensing  of  City  Railroad  Passenger   Cars,     -      -       402 

CHAPTER  XLII. 

Of  Pawnbrokers,  Dealers  in  Second-hand  Articles  and  Keepers  of 
Junk  Shops. 

ARTICLE  I. — Of  pawnbrokers,  -      403 

II. — Of  dealers  in  second  hand  articles,  -                   405 

III. — Of  keepers  of  junk  shops,  -      407 

IV. — Of  general  provisions,  408 

CHAPTER  XLIII, 

Of  Intelligence  Offices,  -       413 

CHAPTER  XLIV. 

Of  Provisions  Concerning  Dogs,     -  -  414 

CHAPTER  XLV. 

Of  Nuisances  and  Noxious  Things  and  Practices,    -        -      416 


CONTENTS.  XV 

CHAPTER  XLVL 

Of  Charcoal,  Fish,  Vegetable  and  Fruit  Wagons  and  Ven- 
ders of  Brooms,  Wooden  ware,  and  Kindling  wood,         -       430 

CHAPTER  XLVII. 

Of  the  Sale  and  Manufacture  of  Bread,  -       432 

CHAPTER  XLVIII. 

Of  Swine  and  Neat  Cattle  running  at  large,  and  herein  of 

Public  Pounds,  -       433 

CHAPTER  XLXIX. 
Of  the  Interment  of  the  Dead,       -  -      438 

CHAPTER  L. 

Of  Police  Courts  and  other  Courts ,  -  442 

CHAPTER  LI. 
Of  Constable's  Badge*,  -      446 

CHAPTER  LII. 

Of  Chimney  Sweepers,  -      -      447 

CHAPTER  LIII. 

Of  Corporation  Advertisements,     -  -  450 

CHAPTER  LIY. 
Of  Election  Districts,  .....       451 


CONTENTS  OP  THE  APPENDIX. 


OF  THE  CITY  DEBT. 

Page. 

I.— Of  "The New  York  City  Stock." 482 

H.— Of  "The  Water  Stock  of  the  City  of  New  York." 486 

m.— Of  "  The  Fire  Loan  Stock  of  the  City  of  New  York." 492 

IV.— Of  "The  Public  Building  Stock  of  the  City  oi  New  York."  -       -       -       501,  505 
V.— Of  "  The  Fire  Indemnity  Stock  of  the  City  of  New  York."      -        -        -    504,  506 

VI.— Of  "The  Floating  Debt  Stock  of  the  City  of  New  York."     ....  507 

YE.— Of  "The  Croton  Water  Stock." 508 

Vni.— Of  "Building  Loan  Stock,  No.  2." 511 

IX.— 01  "Washington  Square  Iron  Railing  Stock." 515 

X.— Of  "  Of  the  Water  Stock  of  the  City  of  New  York,  for  the  year  1849."       -  516 

XI.— Of  "Building  Loan  Stock,  No.  3." 619 

XII.— Of  "Public  Building  Stock,  No.  3." 521 

XIII  —Of  "  The  New  York  City  five  per  cent.  Stock  for  Docks  and  Slips."         •       -  525 

XIV.— Of  "Building  Loan  Stock,  No.  4." 527 

XV.— Of  "The  Public  Education  Stock  of  the  City  of  New  York,  for  the  year  1853."  529 

XVI.— Of  "The  Central  Park  Fund." 530 

XVII.— Of  "The  Water  Stock  of  the  City  of  New  York,  for  the  year  1854."        -       -  635 

XVIII.— Of  "The  Central  Park  Improvement  Fund." 536 

XIX.— Of  "  The  Public  Stock  for  Rebuilding  Tompkins  Market."         -  -  539 

XX.— Ot  "Assessment Bonds." 640 

XXI.— Of  "Miscellaneous  Debts  of  the  City." 541 

CITY  RAILROADS. 

General  Duties  in  Constructing,  Repairing,  etc.      -  642 

The  Harlem  Railroad, -  642 

The  Hudson  River  Railroad,    - 549 

The  New  Haven  Railroad,  -       - 653 

The  Sixth  and  Eighth  Avenue  Railroads, 553 

The  Third  Avenua  Railroad, -  660 

The  Second  Avenue  Railroad, 552 

The  Ninth  Avenue  Railroad, ....  664 

CONTRACTS  WITH  GASLIGHT  COMPANIES. 

The  New  York  Gaslight  Company's  Contract, 666 

The  Manhattan  Gaslight  Company's  Contract,  -  ...     f>Qg}  573 

The  Harlem  Gaslight  Company's  Contract, 577 

EXTRACTS  FROM  THE  STATE  LAWS, 

Relating  to  the  Police  Department,  embracing  such  parts  as  concern  the  en- 
forcement of  the  City  Ordinances, 682 


NOTE  BY  THE  REVISEU  OP  THE  ORDINANCES.  —  The  following  analysis  was  pre- 
pared for  the  purpose  of  affording  a  more  ready  reference  to  the  provisions  of  the 
Charter,  while  the  ordinances  were  in  course  of  revision.  After  consultation  with 
the  Mayor  and  Committee  on  Ordinances,  it  was  thought  that  it  might  form  a  con- 
venient appendage  to  the  volume  of  Ordinances. 


ANALYSIS 

OF     TRK 

AMENDED  CHARTER  OF  APRIL  14,  1857. 


General  Powers  of  the  Corporation. 

The  Corporation  known  as  ' '  the  Mayor,  Aldermen  and  Commonalty 
of  the  city  of  New  York,"  shall  continue  as  a  body  politic  and  corporate, 
with  the  enjoyment  of  former  grants,  powers  and  privileges.  (§1.) 

The  Legislative  and  Executive  Powers  of  the  Corporation. 

The  legislative  power  of  the  Corporation  is  vested  in  a  Board  of  Alder- 
men and  a  Board  of  Councilmen,  who  together  form  the  Common 
Council.  (§  1  and  2.) 

The  executive  power  of  the  Corporation  is  vested  in  the  Mayor  and  in 
the  executive  departments.  (§  16.) 

The  legislative  acts  of  the  Common  Council  shall  be  by  ordinance,  act, 
or  resolution,  which,  before  becoming  final,  shall  be  submitted  to  the 
Mayor  for  his  approval.  If  approved  by  him,  the  same  shall  become  a 
law.  If  tile  Mayor  do  not  approve  thereof,  he  shall  return  the  same 
within  ten  days  to  the  Board  in  which  the  same  originated,  (or  if  not  in 
session  then,  at  its  next  regular  meeting,)  with  his  objections.  The  ob- 
jections of  the  Mayor  shall  be  entered  at  large  in  the  minutes  of  pro- 
ceedings of  the  Board,  and  shall  be  published  as  required  by  the  Charter. 
After  not  less  than  ten  days  from  the  return  thereof,  the  Board  shall 
proceed  to  reconsider  the  subject.  The  votes  upon  the  same  shall  be  by 
yeas  and  nays,  which  shall  be  entered  on  the  journals  of  the  Board.  If 
at  least  two-thirds  of  all  the  members  elected  to  the  Board  agree  to  pass 
the  same,  the  act,  together  with  the  objections  of  the  Mayor,  shall  be  sent 


10  ANALYSIS  OF  THE  AMENDED 

*o  the  other  Board  for  concurrence.     If  approved  by  at  least  two-thirds 
of  the  other  Board,  it  shall  become  a  law.     (§  12.) 

If  the  Mayor  do  not  return  the  act  within  the  time  limited,  it  shall 
take  effect  as  if  he  had  approved  it.  (§  13.) 

Legislative  acts  may  originate  in  either  Board,  and  may  be  rejected  or 
amended  by  the  other.  (§  14.) 

No  legislative  act  shall  be  passed  by  either  Board,  except  by  the  vote  of 
a  majority  of  all  the  members  elected  to  such  Board.  (§  14.) 

No  legislative  act  shall  be  valid  unless  it  shall  have  passed  both  Boards 
within  the  same  year.  (§11.) 

The  Common  Council  shall  make  annual  and  occasional  appropriations 
for  every  branch  and  object  of  city  expenditure,  and  no  money  shall  be 
<lrawn  from  the  city  treasury,  except  the  same  shall  have  been  previously 
.appropriated  to  the  purpose  for  which  it  was  drawn.  (§  31.) 

The  Common  Council  shall  provide  for  the  accountability  of  all  offi- 
cers and  others  in  receipt  or  expenditure  of  city  funds,  by  requiring  ade- 
quate security  from  such  persons.  (§  30.) 

The  Common  Council  shall  fix  the  number  of  clerks  to  the  departments, 
.and  shall  also  fix  the  terms  of  office  of  all  officers  created  by  them  under 
.authority  of  law.  (§  21.) 

The  Common  Council  may  establish  such  other  bureaux  in  the  depart- 
ments, besides  those  fixed  by  the  Charter,  as  they  may  deem  the  public 
interest  may  require.  (§28.) 

The  Common  Council  may  assign  to  the  executive  departments  and  the 
bureaux  created  by  the  Charter  such  duties  as  they  may  direct,  not  incon- 
sistent with  the  Charter.  (§  28.) 

The  members  of  the  Common  Council  are  prohibited  from  having  any 
interest  in  matters  connected  with  public  affairs.  (§  28.) 

No  member  shall  receive  compensation  for  his  services  as  such  member. 
(§  44.) 

The  Common  Council  shall  not  have  authority  to  borrow  money,  except 
iii  anticipation  of  the  revenue  of  the  year  in  which  such  loan  shall  be 
made,  unless  authorized  by  a  special  act  of  the  legislature.  (§  32.) 

The  votes  of  two-thirds  of  all  the  members  elected  to  each  Board  of 
the  Common  Council  shall  be  necessary  to  authorize  an  expenditure  for 


CHARTER   OF    APRIL  14,  1857.  11 

* 
any  celebration,  procession,  or  entertainment  of   any   kind,   or  on  any 

occasion.     (§42.) 

The  Common  Council  shall,  by  ordinance,  passed  and  approved  in  the 
same  manner  as  in  the  case  of  ordinances  for  raising  and  appropriating 
'the  money  or  disposing  of  the  property  of  the  city,  prescribe  the  salaries 
of  officers  under  the  Charter  of  1857.  (§  44.) 

Of  the  Mayor. 

The  Mayor  shall,  with  the  advice  and  consent  of  the  Board  of  Alder- 
men, appoint  all  heads  of  departments,  except  the  Counsel  to  the  Corpora- 
tion and  the  Comptroller  of  the  city  of  New  York,  and  in  case  of  the 
removal  from  office  of  the  incumbents  of  either  of  the  two  last  mentioned 
offices,  the  vacancy  shall  be  supplied  as  in  the  case  of  other  departments 
(§  19-) 

If  any  person  nominated  to  office  by  the  Mayor  be  rejected  by  the  Board 
of  Aldermen,  the  Mayor  shall  immediately  nominate  another  person. 
(§19-) 

(The  legislative  acts  of  the  Common  Council,  submitted  to  the  Mayor  for 
approval,  shall  be  subject  to  the  provisions  before  recited  under  "legis- 
lative acts.") 

It  shall  be  the  duty  of  the  Mayor  to  communicate  to  the  Common  Coun- 
cil the  situation  and  condition  of  the  city  affairs.  (§  18  subd.  1.) 

Also — To  recommend  to  the  Common  Council  measures  for  the  govern- 
ment of  the  city.  (§  18  subd.  2.) 

Also — To  be  vigilant  in  causing  the  city  ordinances  to  be  enforced. 
<§  18  subd.  3.) 

Also — To  exercise  supervision  over  the  conduct  and  acts  of  all  subor- 
dinate officers,  and  to  receive  and  examine  into  complaints  against  such 
officers  for  violation  or  neglect  of  duty.  (§  18  subd.  4  ) 

Also— Generally  to  perform  such  duties  as  may  be  prescribed  by  the 
Charter  and  ordinances,  and  the  state  and  United  States  laws.  (§  18  subd.  5.) 

The  Mayor  may  require  the  opinion  in  writing,  or  information  of  the 
head  of  any  department,  upon  any  subject  relating  to  his  department.  (§  29.) 

The  Mayor  shall  be  ex-officio  member  of  a  board,  to  whom  appropria- 
tions for  the  Alms-house  Department  and  the  Board  of  Education  are  to 
be  submitted,  before  being  finally  made.  (§  25.) 


12  ANALYSIS  OF  THE  AMENDED 

In  case  of  vacancy  in  the  office  of  Mayor,  or  of  his  absence  from  the- 
city,  or  of  his  being  prevented  by  sickness,  or  other  cause,  from  attending 
to  the  duties  of  his  office,  the  President  of  the  Board  of  Aldermen  shall 
act  as  Mayor.  (§17.) 

The  Mayor  shall  have  power  to  appoint  such  clerks  as  may  be  au- 
thorized by  the  Common  Council  and  required  in  his  office.  (§  18  subd.  5.) 

He  shall  countersign  warrants  drawn  by  the  Comptroller.     (§  22.) 

Of  the  Board  of  Aldermen. 

A  majority  of  the  members  of  the  Board  shall  constitute  a  quorum  for 
the  transaction  of  business. 

The  Board  shall  meet  in  a  chamber  separate  from  that  of  the  Coun- 
cilmen. 

It  shall  choose  a  president  from  its  own  body. 

It  shall  choose  its  clerk  and  other  officers. 

It  shall  determine  its  own  rules. 

It  shall  be  the  judge  of  the  election  returns  and  qualification  of  its 
own  members. 

It  shall  cause  to  be  kept  a  journal  of  its  proceedings. 

The  doors  of  the  Chamber  of  the  Board  shall  be  open  during  its  times 
of  meeting,  except  when  secrecy  is  required. 

Resolutions  and  reports  recommending  improvements  involving  expen- 
ditures of  money,  or  taxation,  or  assessment,  shall,  before  being  passed  in 
the  Board,  be  published  at  least  two  days;  and  on  every  vote  in  relation 
thereto,  the  ayes  and  noes  shall  be  called  and  published.  (§7.) 

The  Board  of  Aldermen  shall  have  power,  without  the  consent  of  the 
Mayor,  by  a  vote  of  two-thirds  of  all  the  members  elected,  to  remove  any 
of  the  heads  of  departments  other  than  the  Comptroller  and  Counsel  to 
the  Corporation .  (§  21 . ) 

The  Board  of  Aldermen  shall  have  power  to  confirm  or  reject  all  nomin- 
ations of  officers  made  by  the  Mayor.  (§  22.) 

The  Board  shall  have  power  to  compel  the  attendance  of  absent  mem- 
bers ;  to  punish  its  members  for  disorderly  behavior  ;  to  expel  a  member 
by  a  vote  of  two-thirds  of  its  members  elected.  (§  8.) 

The  Board  may  require  the  opinion  in  writing,  or  information  of  the 
head  of  any  department,  upon  any  subject  relating  to  his  depart- 
ment. (§29.) 


CHARTER    OF    APRIL  14,  1857.  13 

The  Board  shall  not  act  upon  any  ordinance  on  the  same  day  on  which 
it  shall  have  passed  the  other  Board,  unless  by  unanimous  consent,  ex- 
cept in  case  of  invasion,  insurrection,  riot  or  pestilence.  (§37.) 

The  members  of  the  Board  shall  not  be  questioned  in  any  other  place 
for  any  speech  or  vote  in  the  Board.  (§8.) 

The  stated  and  occasional  meetings  of  the  Board  shall  be  regulated  by 
its  own  ordinances,  and  it  may  meet  on  the  same  day  with  the  Council- 
men,  or  on  a  different  day,  as  judged  expedient.  (§  9.) 

The  Board  shall  sit  as  a  Board  of  City  Canvassers  to  canvass  the  returns 
of  the  district  canvassers  of  the  Charter  elections,  in  the  manner  desig- 
nated by  §  53  of  Amended  Charter  of  1857.  (§53.) 

The  Board  may  direct  a  special  election  to  fill  vacancies  of  their  mem- 
bers. (§6.) 

Of  the  President  of  the  Board  of  Aldermen. 

The  President  of  the  Board  of  Aldermen  shall  act  as  Mayor  in  case  Of 
a  vacancy  in  that  office,  or  in  case  of  the  absence  of  the  Mayor  from  the 
city,  or  in  case  of  the  Mayor  being  prevented  from  attending  to  the  duties 
of  his  office.  (§17.) 

The  President  shall  be  ex-officio  a  member  of  a  board  to  whom  appro- 
priations for  the  Alms-house  Department,  and  for  the  Board  of  Education 
.  shall,  in  pursuance  of  §  25  of  the  Amended  Charter  of  1857,  be  submitted 
before  being  finally  made.  (§25.) 

Of  the  Board  of  Councilmen. 

A  majority  of  the  members  of  the  Board  shall  constitute  a  quorum  for 
the  transaction  of  business. 

The  Board  shall  meet  in  a  chamber  separate  from  that  of  the  Aldermen. 

It  shall  choose  a  president  from  its  own  body. 

It  shall  choose  its  clerk  and  other  officers. 

It  shall  determine  its  own  rules. 

It  shall  be  the  judge  of  the  election  returns  and  qualification  of  its  own 
members. 

It  shall  cause  to  be  kept  a  journal  of  its  proceedings. 

The  doors  of  the  Chamber  of  the  Board  shall  be  open  during  its  sittings, 
except  when  secrecy  is  required. 

Resolutions  and  reports  recommending  improvements  involving  expen- 
ditures of  money,  or  taxation,  or  assessment,  shall,  before  being  passed  in 


14  ANALYSIS    OF   THE    AMENDED 

the  Board,  be  published  at  least  two  days,  and  on  every  vote  in  relation 
thereto,  the  ayes  and  noes  shall  be  called  and  published.     (§7.) 

The  Board  shall  have  power  to  compel  the  attendance  of  absent  mem- 
bers ;  to  punish  its  members  for  disorderly  behavior  ;  to  expel  a  member 
by  a  vote  of  two-thirds  of  its  members  elected.  (§  8.) 

The  Board  may  require  the  opinion  in  writing,  or  information  of  the 
head  of  any  department  upon  any  subject  relating  to  his  department,, . 
(§29.) 

The  Board  shall  not  act  upon  any  ordinance  on  the  same  day  on  which 
it  shall  have  passed  the  other  Beard,  unless  by  unanimous  consent,  ex- 
cept in  case  of  invasion,  insurrection,  riot,  or  pestilence.  (§37.) 

The  members  of  the  Board  shall  not  be  questioned  in  any  other  place 
for  any  speech  or  vote  in  the  Board.  (§8.) 

The  stated  and  occasional  meetings  of  the  Board  shall  be  regulated  by 
its  own  ordinances,  and  it  may  meet  on  the  same  day  with  the  Alder- 
men, or  on  a  different  day,  as  judged  expedient.  (§  9.) 

The  Board  may  direct  a  special  election  to  fill  vacancies  of  their 
numbers.  (§6.) 

,•' 

Of  the  President  of  the  Board  of  Councilmen. 

The  President  of  the  Board  of  Councilmen  shall  be  ex-officio  a  member 
of  a  board,  to  whom  appropriations  for  the  Alms-house  Department  and 
for  the  Board  of  Education  shall,  in  pursuance  of  section  25  of  the 
Amended  Charter  of  1857,  be  submitted,  before  being  finally  made.  (§25.) 

Of  the  Aldermen. 

The  city  shall  be  divided  into  seventeen  Aldermanic  districts,  the  boun- 
daries of  which  are  defined  by  §  50. 

The  Aldermen  must  be  resident  of  the  district  from  which  they  are 
chosen.  (§5.) 

The  Aldermen  may  be  compelled  by  the  Board  to  attend  meetings ; 
they  may  be  punished  by  the  Board  for  disorderly  behavior  ;  they  may. 
be  expelled  by  a  vote  of  two- thirds  of  the  members  elected  to  the  Board. 
When  expelled  they  shall  forfeit  all  rights  as  Aldermen.  They  shall  not 
be  questioned  in  any  other  place  for  any  speech  or  vote  in  the  Board.  (§  8.X 

They  are  prohibited  from  sitting  or  acting  as  judges  of  the  Court  of 


CHARTER    OF   APRIL  14,  1857.  15- 

Oyer  and  Terminer,  or  in  the  Courts  of  General  or  Special  Sessions.  But 
this  section  shall  not  prevent  their  exercising  the  power  of  magistrates 
in  the  arrest,  commitment  or  bailing  of  offenders,  except  that  they  can- 
not let  to  bail  or  discharge  a  person  arrested  or  committed  by  another 
magistrate.  (§  48.) 

For  the  provisions  respecting  bribery,  see  §  52  of  the  Amended  Charter. 

Of  tlie  Councilman. 

There  shall  be  six  Councilmen  elected  from  each  senatorial  district,  as 
the  same  now  are,  or  hereafter  may  be  constituted.  (§4.) 

They  shall  be  elected  by  general  ticket  in  each  of  said  districts,  and  to- 
gether shall  form  the  Board  of  Councilmen.  (§4.) 

They  shall  be  chosen  for  one  year.     (§  4.) 

They  must  be  resident  of  the  district  from  which  they  are  chosen.  (§  4). 

They  may  be  compelled  by  their  Board  to  attend  meetings  ;  they  may 
be  punished  by  the  Board  for  disorderly  behavior  ;  they  may  be  expelled' 
by  a  vote  of  two-thirds  of  the  elected  members  of  their  Board.  When: 
expelled  they  forfeit  all  rights  as  Councilmen.  They  shall  not  be  ques- 
tioned in  any  other  place  for  any  speech  or  vote  in  the  Board.  (§  8.) 

See  "  Officers  under  the  Charter." 

Of  the  Clerk  of  ths  Common  Council 

The  Clerk  of  the  Board  of  Aldermen  shall  be  Clerk  of  the  Common 
Council.  (§36.) 

He  shall  keep  open  for  inspection  the  records  and  minutes  of  proceed- 
ings of  the  Common  Council,  except  as  otherwise  ordered.  (§36.) 

He  shall  appoint  and  remove  at  pleasure  deputy  clerks  in  his  department 
to  the  number  authorized  by  ordinance.  (§  36. ) 

He  shall  keep  the  seal  of  the  city.     (§  36.) 

His  signature  shall  be  necessary  to  all  leases,  grants  and  other  docu- 
ments, as  under  existing  laws.  (§36.) 

He  shall  publish  the  proceedings  of  the  Board  of  Aldermen,  except  such 
as  require  secrecy,  in  the  newspapers  employed  by  the  Corporation.  (§  37.) 

Whenever  a  vote  shall  be  taken  in  the  Board  upon  the  passage  of  an 
ordinance  which  shall  contemplate  any  specific  improvement,  or  involve 
the  sale,  disposition  or  appropriation  of  public  property,  or  the  expenditure 
of  public  moneys,  or  income  therefrom,  or  lay  any  tax  or  assessment,  such 
ordinance  shall,  before  being  sent  to  the  other  Board,  and  immediately 


16  ANALYSIS  OF  THE  AMENDED 

after  the  adjournment  of  the  Board,  be  published  with  the  yeas  and  nays, 
and  with  the  names  of  the  persons  voting  for  or  against  the  same,  in  the 
newspapers  employed  by  the  Corporation,  as  part  of  the  proceedings.  (§37.) 

He  shall  publish  ordinances  and  parts  of  ordinances  which  shall  be 
passed  in  the  Board  of  Aldermen.  (§37.) 

He  shall  be  clerk  of  the  Board  of  City  Canvassers,  and  shall  within  five 
days  from  the  filing  in  his  office  of  the  statement  by  the  Board  of  the 
result  of  the  Charter  election,  give  notice  to  the  persons  declared  elected. 
(§53.) 

He  shall  countersign  warrants  drawn  by  the  Comptroller.     (§22.) 

Of  the  Clerk  of  the  Board  of  Councilman. 

He  shall  publish  the  proceedings  (except  such  as  require  secrecy)  in  the 
Corporation  newspapers.  (§37.) 

Whenever  a  vote  shall  be  taken  in  the  Board  upon  the  passage  of  an 
ordinance  which  shall  contemplate  any  specific  improvement,  or  involve 
the  sale,  disposition  or  appropriation  of  public  property,  or  the  expendi- 
ture of  public  money,  or  income  therefrom,  or  lay  any  tax  or  assessment, 
such  ordinance  shall,  before  being  sent  to  the  other  Board,  and  imme- 
diately after  the  adjournment  of  the  Board,  be  published  with  the  yeas- 
and  nays,  and  with  the  names  of  the  persons  voting  for  or  against  the 
same,  in  the  newspapers  employed  by  the  Corporation,  as  part  of  the  pro- 
ceedings. (§37.) 

He  shall  publish  ordinances  and  amendments  of  ordinances  which  shall 
be  passed.  (§37.) 

He  shall  appoint  and  remove  at  pleasure  deputy  clerks  in  his  department 
to  the  number  authorized  by  ordinance.  (§  36. ) 

Provisions  relating  generally  to  Officers  of  the  City 
Government. 

Officers  holding  under  the  Charter  of  1857,  shall  be  deemed  to  have 
vacated  their  offices  when  they  shall,  during  their  term  of  office,  hold  or 
accept  any  other  civil  office  under  the  United  States  Government,  or  under 
the  Charter,  or  when  they  shall  receive  any  fees  or  emoluments  directed 
to  be  paid  by  any  ordinance  of  the  Common  Council,  except  as  provided 
in  the  Charter.  (§10.) 

Officers  of  departments  cannot  incur  expense  unless  an  appropriation 
shall  have  been  made  covering  the  expense,  whether  the  object  of  expen- 
diture shall  have  been  ordered  by  the  Common  Council  or  not.  (§  28.) 


CHARTER   OF   APRIL  14,  1857.  l7 

Officers  of  the  Corporation  are  prohibited  in  general  from  having  any 
personal  interest  in  matters  connected  with  the  interests  of  the  city.  (§  28. ) 

The  accountability  of  disbursing  and  receiving  officers  shall  be  provided 
for  by  the  Common  Council,  by  requiring  of  them  adequate  security;  such 
security  to  be  annually  renewed  ;  but  the  security  first  taken  to  remain 
until  new  security  is  provided.  (§  §  30-45. ) 

Officers  under  the  city  government  (whether  appointed  or  elected)  shall, 
on  or  before  the  first  day  of  January  next  succeeding  each  election,  or 
within  five  days  after  receiving  notice  of  such  appointment,  subscribe  an 
oath  or  affirmation  faithfully  to  perform  the  duties  of  their  office,  which 
oath  or  affirmation  shall  be  filed  in  the  Mayor's  office.  (§39.) 

Any  person  swearing  falsely  to  an  oath  or  affirmation  required  under 
this  Charter,  shall  be  guilty  of  perjury.  (§40.) 

Provisions  respecting  the  retention  of  office  of  those  elected  under  for- 
mer laws,  until  their  successors  are  chosen  under  the  Charter  of  1857  shall 
take  office,  are  specifically  set  forth  in  §  51 . 

Any  officer  of  the  city  government,  or  person  employed  in  its 
service,  who  shall  wilfully  violate  any  of  the  provisions  of  the  Amended 
Charter  ;  or 

Who  shall  evade  any  of  said  provisions  ;  or 
Who  shall  commit  any  fraud  upon  the  city  ;  or 
Who  shall  convert  any  of  the  public  property  to  his  own  use  ;  or 
Who  shall  knowingly  permit  any  other  person  so  to  convert  it,  shall  be 
deemed  guilty  of  a  misdemeanor  ;  and  in  addition  to  the  penalties  imposed 
by  law,  such  officer  shall  forfeit  his  office  and  be  excluded  forever  after 
from  receiving  or  holding  any  office  under  the  City  Charter.     (§40.) 

No  officer  under  the  Charter  of  1857,  except  the  Collector  of  the  City 
Ee venue,  the  Collector  of  Assessments,  the  Clerk  of  Arrears,  the  Counsel 
to  the  Corporation,  the  Inspector  of  Vessels,  (and  the  City  Inspector,  from 
certain  sources  detailed  under  his  department,)  shall  receive  from  the 
Corporation  any  perquisites,  compensation  or  commission,  except  a 
salary.  (§44.) 

Officers  created  by  or  holding  office  under  the  Amended  Charter  of 
1857,  other  than  the  Mayor,  Counsel  to  the  Corporation  or  Comptroller, 
may  be  presented  by  the  Grand  Jury,  but  only  upon  testimony  of  wit- 
nesses personally  cognizant  of  the  facts,  and  after  the  person  so  charged 
shall  have  had  a  reasonable  opportunity  to  appear  before  said  Grand  Jury 
in  person  in  explanation  thereof.  (See  further  §  49.) 


18 


ANALYSIS    OF   THE    AMENDED 


Persons  guilty  of  bribery  of  members  or  officers  of  the  Corporation 
snail,  upon  conviction,  be  imprisoned  in  a  penitentiary  for  a  term  not  ex- 
ceeding two  years,  or  shall  be  fined  not  exceeding  five  thousand  dollars,  or 
both,  in  the  discretion  of  the  court.  (§  52. ) 

Any  members  or  officer  of  the  Corporation  accepting  bribes,  shall,  upon 
conviction,  be  disqualified  from  holding  any  public  office,  trust,  or  ap- 
pointment under  the  Charter  of  the  city  of  New  York,  and  shall  forfeit 
his  office,  and  shall  be  punished  by  imprisonment  in  the  penitentiary  not 
exceeding  two  years,  or  by  a  fine  not  exceeding  five  thousand  dollars,  or 
both,  in  the  discretion  of  the  court.  (§  52.) 

Persons  proffering  or  accepting  bribes,  shall  be  competent  witnesses 
against  any  other  person  offending  in  the  same  transaction,  and  may  be 
compelled  to  appear  and  give  evidence  before  any  Grand  Jury,  or  in  any 
court,  in  the  same  manner  as  other  persons  ;  but  the  testimony  so  given 
shall  not  be  used  in  any  prosecution  or  proceeding,  civil  or  criminal,  against 
the  person  so  testifying.  (§  52.) 

Officers  receiving  fees  (except  those  who  are  by  charter  allowed  to  re- 
tain them)  are  required,  on  receipt  thereof,  to  pay  the  same  into  the  city 
treasury.  (§44.) 

The  salaries  of  officers  under  the  Charter  of  1857,  shall  be  prescribed  by 
ordinance  of  the  Common  Council,  to  be  approved  in  the  same  manner  as 
in  the  case  of  ordinances  for  raising  and  appropriating  the  money  or  dis_ 
posing  of  the  property  of  the  city.  (§  44.) 

Provisions  applicable  to  all  Executive  Departments. 

Executive  power  is  vested  in  them.     (§  16.) 

The  Common  Council  may  assign  to  them  any  duties  not  inconsistent 
with  the  Charter.  (§  28. ) 

The  departments  or  the  officers  thereof  cannot  incur  expense  unless  an 
appropriation  shall  have  been  made  covering  the  expense,  whether  the 
object  of  expenditure  shall  have  been  ordered  by  the  Common  Council  or 
not.  (§28.) 

All  accounts  rendered  to,  or  kept  in  any  of  them,  are  subject  to  the  in- 
spection and  revision  of  the  Department  of  Finance.  (§  22.) 

Until  the  Common  Council  shall  otherwise  direct,  the  existing  ordi- 
nances shall  apply  to  the  departments  so  far  as  the  same  are  applicable, 
and  are  not  inconsistent  with  the  Amended  Charter.  (§  32.) 


CHARTER  OF    APRIL  14,  1857.  19 

1.  As  to  Clerks  to  the  Departments— Their  number  shall  be  as  fixed  by  the 
Common  Council.     (§21.) 

They  shall  be  appointed  and  removed  by  the  heads  of  the  different  de- 
partments.    (§21.) 

2.  As  to  Clerks  in  Hue.  Departments  and  Bureaux — They  shall  hold  office 
during  the  same  term  enjoyed  by  the  heads  of  departments,  unless  sooner 
removed.     (§21.) 


Of  Contracts. 

All  contracts  shall  be  entered  into  by  the  appropriate  heads  of  depart- 
ments. (§88.) 

Whenever  any.  work  is  necessary  to  complete  a  particular  job  for  the 
Corporation,  and  the  several  parts  of  said  work  shall  together  involve  the 
expenditure  of  more  than  two  hundred  and  fifty  dollars,  the  same  shall  be 
by  contract  under  regulations  established  by  ordinances  of  the  Common 
Council,  unless  by  a  vote  of  three-fourths  of  the  members  elected  to  each 
Board  it  shall  be  ordered  otherwise.  (§  38.) 

Such  as  are  to  be  made  or  let  by  authority  of  the  Common  Council  for 
work  to  be  done,  or  supplies  to  be  furnished,  shall  be  made  by  the  appro- 
priate heads  of  departments.  (§38.) 

When  any  supply  is  needful  to  be  furnished  by  the  Corporation  for  any 
particular  purpose,  and  the  several  parts  of  such  supply  shall  together 
involve  the  expenditure  of  more  than  two  hundred  and  fifty  dollars,  the 
same  shall  be  by  contract  under  regulations  established  by  ordinance  of 
the  Common  Council,  unless  by  a  vote  of  three-fourths  of  the  members 
elected  to  each  Board  it  shall  be  ordered  otherwise.  (§38.) 

Contracts  shall  all.be  founded  en  sealed  bids  or  proposals  made  in  com- 
pliance with  public  notice,  advertised*  in  such  newspapers  as  may  be  em- 
ployed by  the  Corporation  for  the  purpose.  (§  88. ) 

Such  notice  shall  be  published  at  least  ten  days  in  each  of  such  news- 
papers. (§38.) 

Such  contracts,  when  given,  shall  be  given  to  the  lowest  bidder,  the 
terms  of  whose  contract  shall  be  settled  by  the  Corporation  Counsel  as  an. 
act  of  preliminary  specification  to  the  bid  or  proposal,  and  who  shall  give 
security  for  the  faithful  performance  of  his  contract  in  the  manner  pre- 
scribed and  required  by  ordinance,  and  the  sufficiency  of  this  security 


20  ANALYSIS  OF  THE  AMENDED 

shall,  in  addition  to  the  justification  and  acknowledgment,  be  approved  by 
the  Comptroller.     (§38.) 

If  the  lowest  bidder  shall  neglect  or  refuse  to  accept  the  contract  within 
forty-eight  hours  after  written  notice  that  the  same  has  been  awarded  to 
his  bid  or  proposal,  it  shall  be  re-advertised  and  re-let,  as  above  pro- 
vided. (§38.) 

When  made  as  directed  by  the  Charter,  the  contract  shall  be  executed 
in  duplicate  and  filed  in  the  Department  of  Finance.  (§38.) 

For  each  payment  made  on  contracts,  a  receipt  shall  be  endorsed  on  the 
contract  by  the  party  receiving  the  warrant.  (§38.) 

Warrants  for  payments  on  contracts  shall  only  be  given  to  the  person 
interested  in  the  same,  or  to  his  authorized  representative.  (§  38.) 

No  additional  allowance  beyond  the  legal  claim  under  any  contract 
with  the  Corporation,  or  for  any  service  on  its  account,  or  in  its  employ- 
ment, shall  ever  be  allowed.  (§46.) 

No  contract  shall  be  awarded  to,  nor  any  bid  be  accepted  from,  any  person 
who  is  in  arrears  to  the  Corporation  upon  debt  or  contract,  or  who  is  a 
defaulter  as  surety  or  otherwise  upon  any  obligation  to  the  Corpora- 
tion. (§47.) 

Provisions  applicable  to  all  the  Heads  of  Executive 
Departments. 

The  heads  of  departments,  other  than  the  Counsel  to  the  Corporation 
and  the  Comptroller,  shall  be  appointed  by  the  Mayor,  with  the  advice 
and  consent  of  the  Board  of  Aldermen.  (§  19.) 

The  heads  of  executive  departments  (except  the  Croton  Aqueduct  Board, 
the  Counsel  to  the  Corporation  and  the  Comptroller,)  shall  hold  their 
offices  for  two  years,  and  until  the  appointment  of  their  successors.  (§  21.) 

The  heads  of  departments  (except  the  Comptroller  and  the  Counsel  to 
the  Corporation)  may  be  suspended  by  the  Mayor  for  cause  during  any 
recess  of  the  Common  Council.  (§  21.) 

The  cause  of  such  suspension  shall  be  communicated  to  the  Common 
Council  at  the  first  meeting  thereof.  (§  21 .) 

The  heads  of  departments  (except  the  Comptroller  and  Counsel)  may  be 
removed  by  the  Mayor,  by  and  with  the  consent  of  the  Board  of  Alder- 
men. (§21.) 


CHARTER    OF    APRIL  14,  1857.  21 

Or  they  may  be  removed  for  cause  by  the  Board  of  Aldermen,  without 
the  consent  of  the  Mayor,  by  a  vote  of  two-thirds  of  all  the  members 
elected.  (§21.) 

The  heads  of  departments  have  power  to  appoint  and  remove  the  chiefs 
of  bureaux  and  clerks  hi  their  respective  departments,  except  the  City 
Chamberlain.  (§21.) 

They  may  severally  be  required  by  the  Mayor  or  either  Board  of  the 
Common  Council,  to  give  an  opinion  in  writing,  or  information  upon  any 
subject  relating  to  their  several  departments.  (§29.) 

They  are  prohibited  from  having  any  private, interest  in  matters  con- 
nected with  public  interests.  (§  28.) 

They  must,  in  cases  where  work  has  been  done,  or  supplies  furnished  for 
their  department,  in  cases  where  from  the  amount  involved  no  contract  is 
required  to  be  made,  certify  the  necessity  thereof,  before  any  expenditure 
shall  be  made  thereon;  such  work  or  supplies  must  also  have  been  au- 
thorized by  the  Common  Council  to  justify  an  expenditure  on  account 
thereof.  (§38.) 

They  shall  report  in  writing  to  the  Common  Council  quarterly  the  state 
of  their  several  departments,  with  such  suggestions  in  relation  to  the  im- 
provement thereof,  and  to  the  public  business  connected  therewith,  as 
they  shall  deem  advisable.  (§29.) 

The  heads  of  the  appropriate  departments  shall  superintend  the  sale  of 
all  property  sold  under  authority  of  the  Common  Council.  (§  38.) 

They  shall  make  all  sales  of  personal  property  in  the  custody  of  their 
several  departments  or  bureaux,  under  such  regulations  as  shall  be  esta- 
blished by  ordinances  of  the  Common  Council.  (§  38.) 

In  case  of  sales  of  property  under  authority  of  the  Common  Council 
under  their  respective  superintendence,  they  shall  immediately  deposit 
the  proceeds  with  the  City  Chamberlain,  and  immediately  cause  to  be  filed 
an  account  of  sales  verified  by  them  in  the  office  of  the  Comptroller.  (§  38. ) 

The  heads  of  the  appropriate  departments  shall  make  all  contracts.  (§  38.) 

They  shall  make,  in  the  appropriate  departments,  all  contracts  to  be 
made  or  let  by  authority  of  the  Common  Council  for  work  to  be  done  or 
supplies  to  be  furnished.  (§38.) 


22  ANALYSIS  OF  THE  AMENDED 

Provisions  relating  generally  to  all  Bureaux  and  Heads  of 
Bureaux  in  the  Executive  Departments. 

Such,  others,  in  addition  to  those  provided  by  charter,  as  may  be  deemed 
requisite  for  the  public  interest,  may  be  established  by  the  Common 
Council,  and  duties  not  inconsistent  with  the  Charter  may  be  assigned 
them.  (§  28.) 

The  chiefs  of  bureaux,  except  the  City  Chamberlain  and  Chief  Engineer 
of  the  Fire  Department,  shall  be  appointed  and  removed  by  the  heads  of 
their  respective  departments.  (§21.) 

They  shall  hold  office  during  the  same  term  enjoyed  by  the  heads  of 
departments,  unless  sooner  removed.  (§21.) 

They  are  prohibited  in  general  from  having  any  private  interest  in 
matters  connected  with  public  interests.  (§  28.) 

The  bureaux  established  in  the  Street  Department  are  those  of  the  '  'Super- 
intendent of  Wharves,"  "Superintendent  of  Repairs  and  Supplies," 
Superintendent  of  Lamps  and  Gas,"  "  Chief  Engineer  of  the  Fire  Depart- 
ment," Superintendent  of  Roads,"  "Collector  of  Assessments,"  "Super- 
intendent of  Street  Improvements." 

The  bureaux  established  in  the  Department  of  Finance  are  those  of  the 
"Collector  of  the  City  Revenue,"  "Receiver  of  Taxes,"  "Clerk  of 
Arrears,"  "Chamberlain  of  the  city  of  New  York,"  "Auditor  of  Ac- 
counts." 

The  bureaux  established  in  the  Croton  Aqueduct  Board  are  those  of  the 
"Water  Registrar"  and  "  Water  Purveyor." 

The  bureaux  established  in  the  Law  Department  are  those  of  the  ' '  Cor- 
poration Attorney  "  and  the  "  Public  Administrator." 

The  bureaux  established  in  the  City  Inspector's  Department  are  those  of 
"  Sanitary  Inspection  and  Street  Cleaning."  of  "  Statistics  and  Records," 
of  the  "  Superintendent  of  Markets." 

Of  the  repartineat  of  Finance  generally. 

It  is  constituted  an  executive  department.     (§22.) 
It  has  control  of  all  the  fiscal  concerns  of  the  Corporation.     (§  22.) 
It  shall  prescribe  the  forms  of  keeping  and  rendering  all  city  accounts. 
(§22.) 
All  accounts  rendered  to  or  kept  in  the  other  departments  of  the  city 


CHARTER   OF    APRIL  14,  1857.  23 

government,    shall  be   subject   to    the  inspection  and  revision   of  this 
department.     (§  22.) 

:    The  following  bureaux  are  established  in  this  department,  viz: 

For  the  collection  of  the  city  revenue,  the  chief  officer  of  which  shall 
-be  called  "the  Collector  of  the  City  Ke venue." 

For  the  collection  of  taxes,  the  chief  officer  of  which  shall  be  called 
-"the  Keceiver  of  Taxes." 

For  the  collection  of  arrears  of  taxes,  the  chief  officer  of  which  shall 
be  called  "the  Clerk  of  Arrears." 

For  the  reception  of  all  moneys  paid  into  the  treasury  of  the  city,  and 
for  the  payment  of  moneys  on  the  warrant  drawn  by  the  Comptroller  and 
countersigned  by  the  Mayor  and  Clerk  of  the  Common  Council;  the  chief 
officer  of  which  shall  be  called  ' '  the  Chamberlain  of  the  city  of  New 
York." 

An  Auditing  Bureau,  the  chief  officer  of  which  shall  be  called  "the 
Auditor  of  Accounts.  (§22.) 

This  department  shall  settle  and  adjust  all  claims  in  favor  of  or  against 
the  Corporation,  and  all  accounts  in  which  the  Corporation  is  concerned 
either  as  debtor  or  creditor.  (§  22. ) 

The  chief  officer  of  this  department  is  called  the  Comptroller  of  the  city 
of  New  York.  (§22.) 

All  contracts,  when  made  as  directed  by  the  Charter,  shall  be  executed 
in  duplicate  and  filed  in  this  department.  (§  38.) 

For  each  payment  made  on  contracts  a  receipt  shall  be  endorsed  on  the 
contract  by  the  party  receiving  the  warrant.  (§  38.) 

Warrants  for  payments  on  contracts  shall  only  be  given  to  the  person 
interested  in  such  contract  or  his  authorized  representative.  (§  38.) 

All  moneys  drawn  from  the  city  treasury  shall  be  upon  vouchers  for  the 
expenditure  thereof,  examined  and  allowed  by  the  Auditor,  approved  by 
the  Comptroller  and  filed  in  his  office.  (§  22.) 

The  leases,  deeds  and  other  papers  connected  with  this  department,  shall 
be  drawn  by  the  Law  Department.  (§  25.) 

Of  the  Comptroller. 

He  is  constituted  the  chief  officer  of  the  Department  of  Finance.    (§22). 


24:  ANALYSIS    OF   THE    AMENDED 

It  is  provided  that  the  person  filling  the  office  at  the  passage  of  the 
Charter  should  remain  until  the  expiration  of  his  term,  and  not  to  be 
removed,  except  by  the  Governor,  or  after  indictment,  as  provided  in 
sections  20  and  49.  (§  51 . ) 

He  shall  be  elected  by  the  electors  of  the  city  for  the  term  of  four  years, 
and  shall  be  voted  for  on  a  separate  ballot.  (§19.) 

He  may  be  removed  by  the  Governor  for  cause,  in  the  manner  provided 
by  law  in  the  case  of  sheriffs.  (§20.) 

In  case  of  his  removal,  the  vacancy  until  the  next  annual  election  of 
Charter  officers,  is  to  be  filled  by  the  Mayor,  with  the  advice  and  consent 
of  the  Board  of  Aldermen.  (§20.) 

He  shall  report  to  the  Common  Council  once  in  ninety  days  the  name  of 
every  person  in  whose  favor  an  account  has  been  audited,  with  the  deci- 
sion of  the  Auditor  upon  the  same,  together  with  the  final  action  of  the 
Comptroller  thereon.  (§  22.) 

All  moneys  drawn  from  the  city  treasury  shall  be  upon  vouchers  for  the 
expenditure  thereof,  examined  and  allowed  by  the  Auditor  and  approved 
by  the  Comptroller  and  filed  in  his  office.  (§  22. ) 

It  shall  be  his  duty  to  publish,  two  months  before  the  annual  Charter 
election,  a  full  statement  of  receipts  and  expenditures  during  the  pre- 
vious year,  with  the  different  sources  of  revenue,  and  the  amount  received 
from  each  ;  the  appropriations  made,  their  objects,  and  the  amount  ex- 
pended under  each  ;  the  moneys  borrowed,  the  authority  under  which  the 
loan  was  made,  and  the  terms  on  which  it  was  obtained.  (§  34.) 

He  is  ex-officio  a  member  of  a  board  to  whom  appropriations  for  the 
Alms-house  Department  and  Board  of  Education  are  to  be  submitted  be- 
fore being  finally  made.  (§  25.) 

He  shall  judge  of  the  adequacy  and  sufficiency  of  securities  offered  by 
bidders  on  Corporation  contracts,  and  their  justification  and  acknowledg- 
ment must  also  be  approved  by  him.  (§  38. ) 

Sales  of  public  property  and  franchises  (other  than  grants  of  land  under 
water  to  which  the  owners  of  the  upland  shall  have  a  preemptive  right), 
shall  be  made  by  public  auction  and  to  the  highest  bidder  who  will  give 
adequate  security.  Previous  notice  of  sales  under  this  section  shall  be 
given,  under  direction  of  the  Comptroller  in  the  Corporation  newspapers, 
for  thirty  days  in  each  paper.  (§41.) 


CHARTER   OF    APRIL  14,  1857.  25 

Of  the  City  Chamberlain. 

The  Chamberlain  shall  be  appointed  by  the  Mayor,  with  the  consent  of 
the  Board  of  Aldermen,  and  may  be  removed  in  the  same  manner  as  the 
heads  of  departments.  (§21.) 

He  constitutes  the  chief  of  a  bureau  in  the  Department  of  Finance,  for 
the  reception  of  all  moneys  paid  into  the  treasury  of  the  city,  and  for  the 
payment  of  moneys  on  warrants  drawn  by  the  Comptroller  and  counter- 
signed by  the  Mayor  and  Clerk  of  the  Common  Council.  (§22.) 

He  shall  keep  books  showing  the  amounts  paid  on  account  of  the  several 
appropriations,  and  no  warrants  shall  be  paid  on  account  of  any  appro- 
priation after  the  amount  authorized  by  tax  for  that  specific  purpose  shall 
have  been  expended.  (§22.) 

Of  the  Receiver  of  Taxes. 

He  is  constituted  the  chief  of  a  bureau  in  the  Department  of  Finance, 
for  the  collection  of  taxes.  (§  22.) 

He  has  all  the  powers  and  shall  perform  all  the  duties  now  prescribed 
by  law  for  the  Keceiver  of  Taxes,  and  the  provisions  of  law  relating  to 
him  are  hereby  modified  so  as  to  conform  to  the  provisions  of  this 
Charter.  (§22.) 

Of  the  Clerk  of  Arrears. 

He  is  constituted  the  chief  of  a  bureau  in  the  Department  of  Finance 
for  tft  collection  of  arrears  of  taxes,  arrears  of  assessments  and  arrears  of 
water  rents.  (§  22.) 

He  is  excepted  from  the  general  rule  confining  officers  under  the  Char- 
ter of  1857  to  a  salary,  (§  44. ) 

Of  the  Auditor  of  Accounts 

The  Auditor  of  Accounts  is  constituted  the  chief  of  a  bureau,  to  revise, 
audit  and  settle  all  accounts  in  which  the  city  is  concerned  as  debtor  or 
creditor  ;  to  keep  an  account  of  each  claim  for  or  against  the  Corporation, 
and  of  the  sums  allowed  upon  each,  and  to  certify  the  same,  with  the 
reasons  for  the  allowance,  to  the  Comptroller.  (§  22.) 

Of  the  Collector  of  the  City  Revenue. 

He  is  constituted  the  chief  of  a  bureau  in  the  Finance  Department  for 
3 


26  ANALYSIS  OF  THE  AMENDED 

the  collection  of  the  revenue  arising  from  rents  and  interest  on  bonds  and 
mortgages,  and  all  revenues  arising  from  the  use  or  sale  of  property  be- 
longing to  or  managed  by  the  city.  (§  22.) 

Other  duties  than  those  prescribed  by  the  Charter  may  be  assigned  to 
him  by  the  Common  Council.  (§  22.) 

He  is  excepted  from  the  general  rule  confining  officers  under  the  Char- 
ter of  1857  to  a  salary.  (§  44.) 

Of  the  Street  Department  generally. 
It  is  constituted  an  Executive  Department.  (§  23.) 
It  has  cognizance  of  opening,   altering,  regulating,  grading,  flagging, 
curbing,  guttering  and  lighting  streets,  roads,  places  and  avenues.  (§23.) 

It  has  cognizance  of  building,  repairing  and  lighting  wharves,  piers  and 
slips.     (§23.) 
It  has  cognizance  of  the  care  of  public  buildings  and  places.     (§23.) 

It  has  cognizance  of  the  construction  and  repairing  of  the  public 
roads.  (§23.) 

It  has  cognizance  of  the  filling  up  of  sunken  lots  under  the  ordinances 
of  the  Common  Council.  (§23.) 

The  chief  officer  of  this  department  is  called  the  Street  Commissioner. 
[§23.] 

The  following  bureaux  are  established  in  this  department  : 
The  Superintendent  of  Wharves. 

The  Bureau  of  Eepairs  and  Supplies,  the  chief  officer  of  which  shall  be 
called  the  Superintendent  of  Kepairs  and  Supplies.  • 

The  Bureau  of  Lamps  and  Gas,  the  chief  officer  of  which  shall  be  called 
the  Superintendent  of  Lamps  and  Gas. 

The  Chief  Engineer  of  the  Fire  Department. 

The  Superintendent  of  Roads. 

A  bureau  for  the  collection  of  assessments,  the  chief  of  which  shall  be 
called  the  Collector  of  Assessments. 

A  bureau  for  grading,  flagging,  curbing  and  guttering  streets,  the  chief 
officer  of  which  shall  be  called  the  Superintendent  of  Street  Improve- 
ments. (§23.) 


CHARTER    OF    APRIL  14,  1857.  27 

Of  the  Street  Commissioner. 

He  is  constituted  the  chief  officer  of  the  Street  Department.     (§  23.) 
The  person  filling  the  office  at  the  passage  of   the  Charter  shall  re- 
main in  office  until  the  expiration  of  his  term,  and  not  he  removed,  except 
by  the  Governor,  as  provided  in  §  20,   or  after  indictment,  as  provided 
in  §49.     (§51.) 

Of  the  Superintendent  of  Repairs  and  Supplies. 

The  office  of  Commissioner  of  Eepairs  and  Supplies,  as  established  before 
the  passage  of  that  Charter,  is  abolished.     (§  51.) 

The  Superintendent  of  Eepairs  and  Supplies  is  constituted  the  head  of  a 
bureau  in  the  Street  Department.     (§23.) 

Of  the  Superintendent  of  Street  Improvements. 

He  is  constituted  the  chief  of  a  bureau  in  the  Street  Department,  for 
grading,  nagging,  curbing  and  guttering  the  streets.     (§  23.) 

Of  the  Superintendent  of  Lamps  and  Gas. 
He  is  constituted  chief  of  a  bureau  in  the  Street  Department.    (§  23.) 

Of  the  Superintendent  of  "Wharves. 

He  is  constituted  the  chief  of  a  bureau  in  the  Street  Department.  (§  23 .) 

Of  the  Collector  of  Assessments. 

He  is  established  as  chief  of  a  bureau  in  the  Street  Department,  for  the 
collection  of  assessments.     (§23.) 

He  is  exempted  from  the  general  rule  confining  officers  under  the  Char- 
ter of  1857  to  a  salary.     (§  44.) 

Of  the  Chief  Engineer. 

He  shall  be  elected  in  the  same  manner  as  is  now,  or  may  hereafter  be 
prescribed  by  law.     (§21.) 

He  has  charge  of  repairing  fire  engines  and  fire  apparatus.     (§  23.) 
He  is  constituted  chief  of  a  bureau  in  the  Street  Department.     (§  23.) 

Of  the  Superintendent  of  Roads. 

He  is  constituted  the  chief  of  a  bureau  in  the  Street  Department.   (§  23.) 


28  ANALYSIS    OF    THE    AMENDED 

Of  Public  Buildings. 

The  care  of  them  is  within  the  cognizance  of  the  Street  Depart- 
ment. (§23.) 

Of  Public  Places. 

The  care  of  them  is  within  the  cognizance  of  the  Street  Depart- 
ment. (§23.) 

The  opening,  altering,  regulating,  grading,  flagging,  curbing,  gutter- 
ing and  lighting  of  them  is  within  the  cognizance  of  the  Street  De- 
partment. (§  23.) 

Of  the  Law  Department  generally. 

It  is  constituted  an  Executive  Department  of  the  city  government.  (§26.  ) 

It  shall  have  charge  of,  and  shall  conduct  all  the  law  business  of  the 
Corporation  and  of  the  departments,  and  all  other  law  business  in  which 
the  city  shall  be  interested,  when  so  ordered  by  the  Corporation.  (§  26.) 

It  shall  have  the  charge  of,  and  shall  conduct  the  legal  proceedings 
necessary  in  opening,  widening  or  altering  streets.  (§26.) 

It  shall  draw  the  leases,  deeds  and  other  papers  connected  with  the 
Finance  Department  .  (§  26  .  ) 

The  chief  officer  shall  be  called  the  Counsel  to  the  Corporation.     (§  26.) 
The  following  bureaux  are  established  in  this  department,  viz  : 
The  "  Corporation  Attorney,"  the  "  Public  Administrator."    (§26.) 

Of  the  Counsel  to  the  Corporation. 

He  is  made  the  chief  officer  of  the  Law  Department.     (§26.) 

The  person  filling  the  office  at  the  passage  of  the  Charter  shall  re- 
main in  office  until  the  expiration  of  his  term,  and  not  be  removed,  unless 
by  the  Governor,  or  after  indictment,  as  provided  by  sections  20  and  49. 


He  shall  be  elected  by  the  electors  of  the  city  for  the  term  of  three  years. 
(§19.). 

He  may  be  removed  by  the  Governor  for  cause,  in  the  manner  provided 
by  law  in  the  case  of  sheriffs.  (§  20.) 

In  case  of  his  removal,  the  vacancy  until  the  next  annual  election  of 


CHARTER   OF   APRIL   14,  1857.  29" 

Charter  officers,  is  to  be  filled  by  the  Mayor,  with  the  advice  and  consent 
of  the  Board  of  Aldermen.     (§20.) 

He  shall  settle  the  terms  of  contracts  with  the  Corporation,  as  an  act  of 
preliminary  specification  to  bids,  or  proposals  therefor.  (§  38.) 

He  is  excepted  from  the  general  rule  confining  officers  under  the  Char- 
ter of  1857  to  a  salary.  (§  44.) 

Of  the  Corporation  Attorney. 

He  is  constituted  the  head  of  a  bureau  in  the  Law  Department.  (§26.) 

Of  the  Public  Administrator. 

He  is  constituted  the  head  of  a  bureau  in  the  Law  Department.  (§  26.) 

Of  the  City  Inspector's  Department  generally. 

It  is  established  as  an  Executive  Department.     (§27.) 
Its  chief  officer  shall  be  called  the  City  Inspector.     (§27.) 

It  has  cognizance  of  all  matters  affecting  the  public  health,  pursuant 
to  ordinances  of  the  Common  Council  and  the  lawful  requirements  of  the 
Commissioners  of  Health  and  the  Board  of  Health.  (§  27.) 

The  following  bureaux  are  established  hi  this  department,  viz: 

Of  "  Sanitary  Inspection  and  Street  Cleaning,"  under  an  officer  named 
Super intendent  of  Sanitary  Inspection;  of  "Records  and  Statistics," 
which  shall  be  under  the  charge  of  the  Registrar  of  Records  ;  for  the 
inspection,  regulation  and  management  of  the  "Public  Markets,"  the  chief 
officer  of  which  shall  be  called  the  "  Superintendent  of  Markets."  (§27.) 

The  coroners  shall  make  returns  to  this  department  of  inquisitions  taken 
by  them,  excepting  those  charging  homicide  or  felonious  assault.  (§27.) 

Of  the  City  Inspector. 

He  is  constituted  the  chief  officer  in  the  City  Inspector's  Department. 
(§27.) 

The  person  filling  the  office  at  the  time  of  the  passage  of  the  Charter 
shall  remain  in  office  until  the  expiration  of  his  term,  and  not  be  removed, 
except  by  the  Governor,  as  provided  in  §  20,  or  by  the  court  after  present- 
ment by  the  Grand  Jury,  as  provided  in  §  49.  (§  51.) 

He  may  receive  to  his  own  use  such  portion  of  the  fees  allowed  for 


30  ANALYSIS    OF   THE    AMENDED 

recording  births  and  marriages,  as  are  or  may  be  prescribed  by  law,  and 
to  this  extent  is  excepted  from  the  general  rule  confining  officers  under 
the  Charter  of  1857  to  a  salary.  (§  44.) 

He  shall  appoint  such  number  of  inspectors  and  sealers  of  weights  and 
measures  as  now  or  hereafter  may  exist.  (§  27.) 

He  may  be  permitted  by  the  Croton  Aqueduct  Board  to  use  hydrants  for 
cleaning  the  streets,  under  the  regulations  of  that  Board.  (§27.) 

Of  the  Superintendent  of  Sanitary  Inspection. 

He  is  constituted  the  chief  of  a  bureau  in  the  City  Inspector's  Depart- 
ment. (§  27.) 

He  shall  render  such  services  as  by  ordinance  may  attach  to  said  bureau 
in  cleaning  the  streets  and  in  the  abatement  and  removal  of  nuisances 
detrimental  to  the  public  health  in  said  city.  (§  27.) 

Of  the  Registrar  of  Records. 

He  is  constituted  the  chief  of  the  Bureau  of  Kecords  and  Statistics  in 
the  City  Inspector's  Department.  (§27.) 

In  this  bureau  shall  be  kept  all  records  which  by  law  or  ordinance  may 
be  required  to  be  kept  in  the  City  Inspector's  Department.  (§  27.) 

Of  the  Superintendent  of  Markets. 

He  is  constituted  the  chief  officer  in  the  City  Inspector's  Department. 

(§27.) 

Of  Inspectors  of  Weights  and  Measures. 
They  shall  be  appointed  by  the  City  Inspector.     (§27.) 

When  so  appointed,  they  succeed  to  all  the  powers  and  duties,  and  re- 
ceive the  compensation  now  prescribed  by  law.  (§  27.) 

They  hold  office  on  the  same  terms  as  chiefs  of  bureaux.     (§27.) 

Of  Coroners. 

They  shall  make  returns  to  the  City  Inspector  of  their  inquisitions,  ex- 
cept those  charging  homicide  or  felonious  assault.  (§  27.) 

Their  inquisitions  charging  homicide  or  felonious  assault  shall  be  filed 
•with  the  Clerk  of  the  General  Sessions.  (§  27.) 


LRTRR   OF    APRIL  14,  1857. 

Of  the  Crotou  Aqueduct  Board. 

It  is  continued  as  an  Executive  Department. 

It  shall  have  charge  of  the  Croton  Aqueduct  and  all  the  structures 
and  property  connected  with  the  supply  and  distribution  of  Croton  water 
in  the  city  of  New  York. 

And  of  the  under-drainage  of  the  same. 

And  of  the  public  sewers  of  said  city. 

And  of  permits  for  street  vaults. 

And  of  paving,  re-paving  and  repairing  streets. 

And  of  digging  and  constructing  wells. 

And  of  the  collection  of  the  revenue  arising  from  tlie  sale  of  Croton. 
water. 

With  such  other  powers  and  duties  as  are,  or  may  be,  prescribed  by 
law.  (§  24.) 

The  chief  officers  thereof  shall  be  called  the  President,^Engineer  and 
Assistant  Commissioner,  who  together  form  the  Croton  Aqueduct  Board, 
and  hold  their  offices  for  five  years.  (§  24.) 

The  officers  at  the  time  of  the  passage  of  the  Charter  shall  remain  in 
office  until  the  expiration  of  their  terms,  and  not  be  removed,  except  by 
the  Governor,  or  after  indictment,  as  provided  by  sections  20  and  49.  (§51.) 

The  bureaux  established  in  this  department  are  as  follows  : 

For  the  collection  of  the  revenue  derived  from  the  sale  of  the  water, 
and  the  chief  officer  thereof  shall  be  called  the  "Water  Registrar." 

For  the  laying  of  water  pipes  ;  the  construction  and  repairs  of  sewers, 
wells  and  hydrants,  and  the  paving,  repaving  and  repairing  of  streets, 
the  chief  officer  of  which  shall  be  called  the  "  Water  Purveyor." 

This  department  shall,  at  all  times  (when  the  general  supply  is  not  en- 
dangered,) permit  the  City  Inspector  to  order  the  hydrants]to  be'used  for 
•cleaning  the  streets,  under  their  regulations.  (§  27.) 

Of  the  Water  Purveyor. 

He  is  constituted  as  chief  of  a  bureau  under  the  Croton  Aqueduct  Board, 
for  the  laying  of  water  pipes  and  the  construction  and  repair  of  sewers, 
wells  and  hydrants,  the  paving,  re-paving  and  repairing  of  streets.  (§  24.) 

Of  the  Water  Registrar. 
He  is  constituted  the  chief  of  a  bureau  in  the  department  of  the  Croton 


32  ANALYSIS    OF   THE   AMENDED 

Aqueduct  Board,  for  the  collection  of  the  revenues  derived  from  the  sale 
of  Croton  water.     (§24.) 

Of  the  Alms-house  Department 

It  is  constituted  an  Executive  Department.     (§  25.) 

It  has    cognizance  of    all    matters  relating    to  the  Alms-house  and 
prisons.     (§25.) 
Its  chief  officers  are  called  "  Governors  of  the  Alms-house."     (§25.) 

The  ' '  Governors ' '  take  and  hold  office  and  exercise  duties,  as  prescribed 
by  "an  act  to  provide  for  the  government  of  the  Alms-house  and  Peni- 
tentiary in  the  city  and  county  of  New  York.' '  (§  25.) 

Ordinary  appropriations  for  the  Alms-house,  proposed  by  the  Governors, 
shall,  before  being  finally  made,  be  submitted  to  a  board  consisting  of  the 
President  of  the  Board  of  Aldermen,  the  President  of  the  Board  of  Coun- 
cilmen,  the  Mayor  and  Comptroller,  which  Board,  if  it  approve  the  appro- 
priation, shall  report  the  same  to  the  Supervisors.  If  it  disapprove,  it 
shall  return  the  same  with  objections  to  the  Governors.  If  the  Governors 
on  reconsideration  adhere  by  a  vote  of  two-thirds  of  their  number  then 
in  office,  they  shall  return  the  appropriation  to  the  said  board,  who  shall 
report  to  the  Supervisors.  (§25.) 

The  annual  election  of  the  Governors  shall  be  held  on  the  first  Tuesday 
of  December.  (§53.) 

Of  the  Election  of  Charter  Officers. 

The  Common  Council  are  authorized  and  directed  to  make  all  necessary 
arrangements  for  the  conduct  and  regulation  of  the  election  of  officers 
tinder  the  Charter  of  1857,  in  conformity  as  far  as  may  be  to  the  general 
election  law,  except  as  the  Charter  otherwise  provides.  (§  43.) 

The  annual  election  for  Charter  Officers,  School  Officers  and  Governors 
of  the  Alms-house  shall  be  held  on  the  first  Tuesday  in  December,  and 
the  officers  shall  take  office  on  the  first  Monday  of  January  next  suc- 
ceeding. (§53.) 

The  provisions  of  law  in  force  at  the  time  of  the  passage  of  the  Char- 
ter of  1857  in  regard  to  the  notification,  duration,  conduct  of  election  and 
canvassing  of  votes  at  general  elections,  shall  apply  thereto,  except  that 
the  return  of  all  elections  provided  for  by  this  act,  shall  be  filed  by  the 
district  canvassers  in  the  several  districts  with  the  Clerk  of  the  Common 
Council,  within  twenty-four  hours  after  the  polls  are  closed.  (§  53.) 


CHARTER   OF   APRIL  14,  1857.  33 

The  returns  shall  be  canvassed  by  the  Board  of  Aldermen,  sitting  as  a 
Board  of  City  Canvassers.  The  Clerk  of  the  Common  Council  shall  be 
Clerk  of  the  said  Board  of  City  Canvassers.  Said  Board  shall  meet  on  the 
Thursday  next  succeeding  such  election,  and  shall,  within  ten  days  there- 
after, wholly  complete  such  canvass,  and  file  within  the  same  time  dupli- 
cate statements  of  the  result  in  the  respective  offices  of  the  Clerk  of  the 
Common  Council  and  the  County  Clerk.  (§  53.) 

The  Clerk  of  the  Common  Council,  within  five  days  succeeding  the 
filing  of  the  said  statement,  shall  give  to  each  person  declared  elected  a 
certificate  thereof.  (§53.) 

Provision  relating  to  Grants  from  the  City. 

All  persons  acquiring  grants  from  the  Corporation,  under  the  Charter  of 
1857,  shall  be  required  to  purchase,  at  a  fair  appraised  valuation,  the  pro- 
perty of  the  former  grantees,  or  lessees,  actually  necessary  for  the  pur- 
poses of  such  grant.  (§41.) 

Provision  relating  to  the  Sale  of  Wholesome  Food. 

No  tax  or  penalty  shall  hereafter  be  imposed  upon  or  collected  of  any 
person,  nor  license  required  for  selling  or  exposing  for  sale  upon  his,  her, 
or  their  own  premises,  in  said  city,  any  wholesome  article  of  food  ;  nor 
for  selling  such  articles  in  such  parts  of  the  streets  of  said  city,  as  may 
be  designated  by  the  Common  Council  for  that  purpose.  (§  35.) 

Provision  relating  to  Ferries. 

Ferries  shall  all  be  leased.     (§41.) 

Ferry  leases  shall  be  revocable  by  the  Common  Council  for  mismanage- 
ment or  neglect  to  provide  adequate  accommodations.  (§  41.) 

All  persons  acquiring  ferry  leases  under  the  provisions  of  the  Charter 
shall  be  required  to  purchase,  at  a  fair  appraised  valuation,  the  boats, 
buildings,  and  other  property  of  the  former  lessees  or  grantees,  actually 
necessary  for  the  purposes  of  such  ferry.  (§41.) 

The  Inspector  of  Vessels. 

He  is  excepted  from  the  general  mle  confining  officers  under  the  Char- 
ter of  1857  to  a  salary,  (§  44.) 


34       ANALYSIS    OF   THE    AMENDED    CHARTER   OF    APRIL  14,  1857. 

Repealing  Provisions. 

The  Amended  Charter  of  1857  was  passed  April  14,  1857,  and  took 
effect  by  its  terms  on  the  first  day  of  May,  1857. 

It  repealed  specifically  the  act  to  amend  the  Charter  passed  April  7, 
1830  ;  also,  the  act  to  amend  the  Charter  passed  April  2,  1849,  together 
with  the  act  to  amend  the  same,  passed  July  11,  1851 ;  also,  the  act  to 
amend  the  Charter  passed  April  12,  1853,  together  with  the  act  supple- 
mentary thereto,  passed  June  14,  1853. 

It  also  repealed  generally  all  laws  inconsistent  with  its  provisions. 

But  the  Charters  known  as  the  Dongan  and  Montgomerie  Charters,  so  far 
as  the  same  are  in  force,  should  so  continue,  and  not  be  construed  as  re- 
pealed, modified,  or  in  any  manner  affected.  See  section  54  of  Amended 
Charter. 


REVISED    ORDINANCES 


CITY    OF    NEW    YORK. 


REVISED    ORDINANCES. 


The  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New 
York,  in  Common  Council  convened,  do  ordain  as  follows  : 

CHAPTER  I. 

OF  THE  MAYOR   AND  THE   OFFICERS  APPERTAINING   TO  THE 
MAYOR'S  OFFICE. 

ARTICLE  I. — OF  THE  MAYOR. 

II. — OF  THE  CLERKS  IN  THE  MAYOR'S  OFFICE. 
III. — OF  THE  MARSHALS  IN  THE  MAYOR'S  OFFICE. 

ARTICLE  I. 

OF     THE     MAYOR. 

§  1.  The  Mayor  shall  continue  to  possess  the  powers  and 
execute  the  duties  conferred  and  imposed  upon  him  by  the  Ma7°r' 
charter  of  the  city  and  the  various  acts  amending  the 
same,  by  the  laws  of  the  state,  and  by  the  ordinances  and 
resolutions  of  the  Common  Council  not  inconsistent  there- 
with. 

§  2.  The  Mayor  may,  whenever  he  shall  deem  it  neces-  May  offer  re- 
wards. 

sary,  issue  his  proclamation  for  the  apprehension  of  any 
person  who  may  have  committed  a  crime  within  the  city 
of  New  York,  and  may,  in  such  proclamation,  offer  a  re- 
ward not  exceeding  five  hundred  dollars,  to  be  paid  out  of 
the  city  treasury  upon  the  certificate  of  the  Mayor  that 
the  service  required  has  been  performed. 

§  3.  The  Mayor  shall  receive  an  annual  salary  of  five 
thousand  dollars. 


38  OP  THE   CLERKS  IN  THE  MAYOR'S  OFFICE. 

ARTICLE  II. 

OF  THE  CLERKS  IN  THE  MAYOR'S  OFFICE. 
Chief  Clerk.          g  ^    rpj^    ghajl     be    ^    ^^  t()    be    denominated    fa& 

Chief  Clerk,  in  the  Mayor's  office,  who  shall  be  appointed 
by,  and  hold  his  office  during  the  pleasure  of,  the  Mayor. 

§  5.  Before  entering  upon  the  duties  of  his  office,  the 
said  Chief  Clerk  shall  execute  a  bond  to  the  Corporation, 
with  one  or  more  sufficient  sureties,  to  be  approved  by  the 
Comptroller,  in  the  penal  sum  of  one  thousand  dollars,  con- 
ditioned for  the  the  faithful  performance  of  the  duties  of 
his  office. 

§  6.  It  shall  be  the  duty  of  the  Mayor's  Clerk— 

1.  To  prepare  and  file  in  the  Mayor's  office  all 

oaths  of  office  required  to  be  taken  before  the 
Mayor. 

2.  To  take  the  bonds  of  such  officers  as  are  required 

to  give  security  before  the  Mayor,  and  to 
transmit  them  to  the  Comptroller  to  be  ap- 
proved and  filed. 

3.  To  prepare  all  such  proofs  or  acknowledgments 

of  deeds  or  other  instruments  as  require  the 
official  attestation  of  the  Mayor. 

4.  To  preserve  and  keep  in  the  Mayor's  office  all 

books  and  papers  which  are  usually  filed,  or 
which  are  required  by  law  to  be  filed  therein. 

5.  To  collect  and  receive  all  fees  which  are  incident 

to,  or  payable  for,  the  services  performed  by 
the  Mayor  and  mentioned  in  this  section. 

6.  To  deliver  to  the  respective  Boards  all  messages 

from  the  Mayor  in  writing. 


OF  THE   CLERKS  IN  THE  MAYOR'S  OFFICE. 

7.  To  attend  in  the  Mayor's  office  during  the  usual 
office  hours,  and  to  perform  such  other  services 
as  may  be  required  by  the  Mayor. 

§  7,  He  shall  enter  in  a  book  to  be  provided  for  that  SayorSrk 
purpose,  and  kept  in  the  Mayor's  office,  open  at  all  conve- 
nient times  to  public  inspection,  the  names  of  all  persons 
from  whom  he  may  receive  money  as  authorized  by  the  last 
section,  the  amounts  received,  and  on  what  account  and 
when  paid,  and  shall  render  an  account  thereof,  under 
oath,  item  by  item,  to  the  Comptroller,  on  Thursday  of 
each  week  ;  and  shall  thereupon  pay  over  the  amount  so 
received  to  the  Chamberlain.  He  shall  also  thereupon  re- 
ceive from  the  Chamberlain  a  voucher  for  the  payment 
thereof,  which  he  shall  forthwith  on  the  same  day  exhibit 
to  the  Comptroller,  and  shall  at  the  same  time  leave  with 
him  a  copy  thereof. 

§  8.  The  Chief  Clerk  in  the  Mayor's  office  shall  receive  salary, 
an  annual  salary  of  one  thousand  five  hundred  dollars. 

§  9.  There  shall  be  three  Assistant  Clerks  in  the  Mayor's  ^ST1 
office,  who  shall  be  severally  denominated  the  First  Assistant 
Clerk,  the  Second  Assistant  Clerk,  and  the  Third  Assistant 
Clerk,  who  shall  be  appointed  by  the  Mayor,  and  whose 
several  duties  it  shall  be  to  attend  daily  at  the  Mayor's 
office,  and  to  perform  such  duties  as  may  be  required  by 
the  Mayor. 

§  10.  The  First  Assistant  Clerk  in   the   Mayor's  office  JJJ  *j£ 
shall  receive  an  annual   salary  of  one  thousand  five  hun- 
dred dollars. 

§  11.  The  Second  Assistant  Clerk  in  the  Mayor's  office  second  Assis- 
shall  receive  an  annual  salary  of  one  thousand  two  hun- 
dred dollars. 


40  OF   THE   MARSHALS   IN   THE   MAYOR'S   OFFICE. 

Suieff  ^      §  12'  The  Third  Assistant  Clerk  in  the  Mayor's  office 
shall  receive  an  annual  salary  of  one  thousand  dollars. 

ARTICLE  III. 

OF  THE  MARSHALS  IN  THE  MAYOR'S  OFFICE. 
FirstMarshal        §  ^     ^^    ^^  ^Q    ^    ^^    ^    ^Q   ^^   ^  j,.^ 

Marshal,  who  shall  be  appointed  by,  and  hold  his  office 
during  the  pleasure  of,  the  Mayor. 

Bond-  §  14,  Before  entering  on  the  duties  of  his  office,  the 

First  Marshal  shall  execute  a  bond  to  the  Corporation, 
with  one  or  more  sureties  to  be  approved  by  the  Comp- 
troller, in  the  penal  sum  of  five  thousand  dollars,  con- 
ditioned for  the  faithful  performance  of  the  duties  of  his 
office. 


§  15-  Ifc  sha11  be  tlie  dutv  of  tlie  First  Marshal-- 

1.  To  issue,  and  cause  to  be  delivered  or  published, 

all  notices  or  requisitions  to  the  different  de- 
partments or  officers  of  the  Corporation,  or 
others,  as  the  Mayor  may  direct. 

2.  To  superintend,  under  the  direction  of  the  Mayor, 

the  granting  of  all  licenses  requiring  the 
Mayor's  signature,  and  to  receive  the  fees 
therefor,  and  to  collect  all  fines  which  the 
Mayor  may  be  authorized  to  impose. 

ibid.  §  16.  He  shall  enter  in  a  book  to  be  provided  for  that 

purpose,  and  kept  in  the  Mayor's  office,  open  at  all  conve- 
nient times  to  public  inspection,  the  names  of  all  persons 
from  whom  he  may  receive  money  as  authorized  by  the  last 
section  ;  the  amounts  received,  and  on  what  account  and 
when  paid  ;  and  shall  daily  render  an  account  thereof, 
under  oath,  item  by  item,  to  the  Comptroller,  and  shall 
thereupon  daily  pay  over  the  amount  so  received  to  the 


OF  THE   MARSHALS   IN  THE   MAYOR'S   OFFICE. 

Chamberlain,  He  shall  also  thereupon  receive  from  the 
Chamberlain  a  voucher  for  the  payment  thereof,  which  he 
shall  forthwith,  on  the  same  day,  exhibit  to  the  Comp- 
troller, and  shall  at  the  same  time  leave  with  him  a  copy 
thereof. 

§  17.  The  First  Marshal  shall  receive  an  annual  salary 
of  one  thousand  five  hundred  dollars. 

§  18.  There  shall  be  an  officer  to  be  denominated  the  jg™nd  Mar- 
Second  Marshal,  who  shall  be  appointed  by,  and  hold  his 
office  during  the  pleasure  of,  the  Mayor. 

§  19.  Before  entering  upon  the  duties  of  his  office,  the 
Second  Marshal  shall  execute  a  bond  to  the  Corporation, 
with  one  or  more  sureties  to  be  approved  by  the  Comp- 
troller, in  the  penal  sum  of  two  thousand  dollars,  con- 
ditioned for  the  faithful  performance  of  the  duties  of  his 
office. 

§  20.  It  shall  be  the  duty  of  the  Second  Marshal  to  assist 
the  First  Marshal  and  Chief  Clerk  in  the  performance  of 
their  duties,  and,  during  the  absence  of  either,  to  perform 
his  duties  and  such  other  duties  as  may  be  required  by  the 
Mayor. 

§  21.  The  Second  Marshal  shall  receive  an  annual  salary 
of  one  thousand  three  hundred  dollars. 


42  OP  THE  COMMON  COUNCIL  AND  ITS  POWERS  AND  DUTIES. 


CHAPTER  II. 

OF  THE  LEGISLATIVE  DEPARTMENT. 

ARTICLE  I.  —  OF  THE  COMMON  COUNCIL  AND  ITS  POWERS 

AND  DUTIES. 

II.  —  OP  THE  CLERK  OP  THE  COMMON  COUNCIL  AND 
HIS  DEPUTY  AND  ASSISTANTS. 

III.  —  OP  THE  CLERK  OP  THE  BOARD  OP  COUNCILMEN 

AND  HIS  DEPUTY  AND  ASSISTANTS. 

IV.  —  OP  THE  OTHER   OFFICERS  OP  THE   COMMON 

COUNCIL. 

ARTICLE  I. 

OP  THE  COMMON  COUNCIL  AND  ITS  POWERS  AND  DUTIES. 

Method  or        §  i.  The  Board  of  Aldermen  and  the  Board  of  Council- 

trausactmg 

Business.  meilj  composing  the  Common  Council,  shall  sit  in  separate 
chambers,  and  shall  transact  the  Legislative  business  of  the 
Corporation,  as  prescribed  by  the  charter  of  the  city  of 
New  York,  and  the  various  acts  amending  the  same. 


§  2<  Neither  the   Common   Council,  nor   any   member 
ecutive  busi-  thereof,  can  perform  any  Executive  business  whatever,  ex- 
cept such  as  is  or  shall  be  specially  imposed  on  them  by 
the  laws  of  this  state. 

AS  to  com-      §  3.  All  ordinances  and  resolutions  heretofore  adopted, 

mittces  with         '  % 

an(^  now  *n  f°rce>  authorizing  the  appointment  of  commit- 
tees of  the  Common  Council,  with  Executive  powers,  or 
conferring  such  powers  on  any  committee,  or  authorizing 
a  committee  to  do  any  act  other  than  to  report  the  facts 
in  relation  to  the  subject  referred,  with  their  opinion,  for 
the  consideration  of  the  Board,  are  repealed. 


OF  THE  COMMON  COUNCIL  AND  ITS  POWERS  AND  DUTIES.  43 

§  4.  No  joint  committee  shall  hereafter  be  created  or  AS  to  join. 

Committees? 

appointed  by  the  Common  Council,  except  a  Joint  Com- 
mittee on  Accounts,  consisting  of  three  members  of  each 
Board,  who  shall,  once  in  three  months,  examine  the  ac- 
counts of  the  several  executive  departments,  and  report 
any  delinquencies  or  errors  therein,  to  the  Common  Coun- 
cil ;  and  except  the  Joint  Croton  Aqueduct  Committee  of 
the  Common  Council,  to  be  appointed  according  to,  and 
exercise  the  powers  conferred  by  the  act  of  April  11,  1849, 
to  create  the  Croton  Aqueduct  Department  in  the  city  of 
New  York. 

§  5.  No  committee  shall  hereafter  be  created   or  ap-  AS   to 


pointed  by  either  Board  of  the   Common  Council,   who    mmttee^ 
shall  have  power  to  do  any  act  other  than  to  report  the 
facts  in  relation  to  the  subject  referred,  with  their  opinion 
thereon,  for  the  consideration  of  the  Board,  except  as  pro- 
vided in  the  last  section. 

§  6.  A  committee  of  either  Board,  in  reporting  upon  a  committees 

^  to  attach  p»- 

subject  referred  to  them,  must  attach  to  their  report  all  Per^.to  thtir 
resolutions,  petitions,  remonstrances,  and  other  papers  in 
their  possession,  relative  to  the  matters  referred. 

§  7.  No  report  of  a  committee  of  either  Board  shall  be  4s  l?  P™*- 

ing  of  report* 

printed,  unless  by  the  express  direction  of  the  Board  in  °efes-Commtt' 
which  it  is  presented,  or  to  which  it  is  sent,  specifying  the 
number  of  copies  to  be  printed. 


§  8.  Each  Board  shall  transmit  to  the  other,  every  or-  AS  to 

miBsionofpa- 

dinance  or  resolution  requiring  a  concurrent  action,  to-  Per* 
gether  with  all  papers  on  which  it  was  founded. 

§  9.  When   an    ordinance  or  resolution    which    shall  AS  to  ordi- 

nances  &c. 

have  passed  one  Board,  is  rejected  in  the  other,  it  shall  be    J 
returned  to  the  Board  in  which  it  originated,  together 
with  all  papers  on  which  it  was  founded,  with  notice  of 
its  rejection. 


44  OF  THE  COMMON  COUNCIL  AND  ITS  POWERS  AND  DUTIES. 

§  10.  Messages   from  one  Board  to  the  other  shall  be 
e  communicated  by  their  respective  Clerks,  unless  the  Board 
transmitting  the  message  shall  specially  direct  otherwise. 

men°tsamend"  §  I*-  Either  Board  may  amend  any  amendment  made 
by  the  other,  to  an  ordinance  or  resolution. 

•Sttees^f  §12.  In  case  of  a  difference  between  the  two  Boards 
upon  any  subject  of  legislation,  either  Board  may  request 
a  conference  and  appoint  a  committee  for  that  purpose  ; 
and  the  other  shall  also  appoint  a  committee  to  confer. 
The  committee  shall  meet  at  a  time  and  place  to  be  ap- 
pointed by  the  chairman  of  the  committee  on  the  part  of 
the  Board  requesting  the  conference.  The  committee  of 
each  Board  shall  report  in  writing  to  the  Board  appointing 
them,  and  may  report  such  modifications  or  amendments 
as  they  think  proper.  When  either  Board  shall  have  acted 
thereon,  they  shall  transmit  the  same,  and  the  papers  re- 
lating thereto,  to  the  other,  with  a  message  certifying 
their  action  thereon. 

iifgfrom'pre-      §  ^'  Either  Board  may  recede  from  its  action  on  any 
is  action.  matter  of  difference  between  the  two  Boards,  at 


any  time  previous  to  a  conference,  whether  the  papers  on 
which  the  difference  arose,  are  before  the  Board  receding, 
formally  or  informally. 

AS  to  cases      $  14.  If  both  Boards  adhere  to  their  disagreement,  the 

where       the 

Boards    ad-  ordinance  or  resolution  shall  be  deemed  lost,  and  shall  not 

hereto  their 

be  again  revived  during  the  same  session. 
AS  to  com-      §  15.  All  committees  of  conference  shall  consist  of  three 

mittees       of  . 

conference.   meuibers  of  each  Board,  unless  otherwise  specially  ordered 
by  concurrent  resolution. 


OP  THE   CLERK  OF  THE   COMMON   COUNCIL.  45 


ARTICLE  II. 

OP  THE    CLERK    OF   THE    COMMON  COUNCIL.   AND    HIS   DEPUTY 
AND   ASSISTANTS. 

§  16.  The  Board  of  Aldermen  shall  appoint  a  Clerk, 
who  shall  hold  his  office  during  the  continuance  of  the 
Board  by  which  he  is  appointed,  and  until  his  successor  moved- 
shall  be  duly  appointed  and  qualified.  He  may,  however, 
at  any  time  be  removed  by  that  Board,  and  another  clerk 
be  appointed  in  his  stead,  who  shall  hold  his  office  during 
the  unexpired  term  of  the  clerk  so  removed. 

§17.  The  clerk   so   appointed   shall,  by  virtue   of  his  salary,  &c. 
office,  be  Clerk  of  the  Common  Council,  and  of  the  Board 
of  Health.    The  title  of  his  office  shall  be  Clerk  of  the 
Common  Council,  and  he  shall  receive  an  annual  salary 
of  three  thousand  dollars. 

§18.  Before  entering  upon  the  duties  of  his  office,  he  shaii give 

.  .  bond. 

shall  execute  a  bond  to  the  Corporation,  with  one  or  more 
sureties,  to  be  approved  by  the  Comptroller,  in  the  penal 
sum  of  five  thousand  dollars,  conditioned  for  the  faithful 
performance  of  the  duties  of  his  office. 

§  19.  He  shall  attend  all  the  meetings  of  the  Board  of  Hi3  duties. 
Aldermen,  and  of  the  Board  of  Health ;  and  shall   keep 
the  minutes  thereof ;  proper  records  of  which  he  shall  cause 
to  be  made  and  kept  in  his  office,  in  books  to  be  provided 
for  that  purpose. 

§  20.  He  shall  publish  all  ordinances,  and  amendments  n,id. 
of  ordinances  which  shall  be  passed,  and  also  the  proceed- 
ings, in  the  newspapers  which  may  be  employed  by  the 
Corporation,  except  such  parts  as  may  require  secrecy; 
and  whenever  a  vote  shall  be  taken  in  either  Board,  upon 
the  passage  of  an  ordinance  which  shall  contemplate  any 


46  OP  THE  CLERK  OF  THE  COMMON  COUNCIL. 

specific  improvement,  or  involve  the  sale,  disposition  or 
appropriation  of  public  property,  or  the  expenditure  of 
public  moneys  or  income  therefrom,  or  lay  any  tax  or 
assessment,  such  ordinance  shall,  before  the  same  shall  be 
sent  to  the  other  Board,  and  immediately  after  the  adjourn- 
ment of  the  Board  at  which  the  same  shall  have  been 
passed,  be  published,  with  the  yeas  and  nays,  and  with  the 
names  of  the  persons  voting  for  and  against  the  same,  in 
the  newspapers  employed  by  the  Corporation,  as  part  of 
the  proceedings. 

His  duties.  §  21.  He  shall,  in  all  cases,  when  required  by  the  Chair- 
man, or  a  majority  of  any  Committee  of  the  Board  of 
Aldermen,  issue,  and  cause  to  be  served  upon  persons 
whose  attendance  may  be  required  before  such  Committee, 
subpoenas,  as  provided  by  the  law  of  the  state,  passed 
February  8,  1855,  accompanied  with  the  usual  fee  of 
twenty-five  cents  ;  and  shall  be  entitled  to  reimbursement 
therefor  by  the  Comptroller,  upon  a  certificate  thereof. 


§  22<  He  sha11  keeP  tlie  common  seal  of  tne  Corporation, 
corporation.  an(j  cause  j£   ^o  be  affixed  to   all  instruments  in  writing, 

made  or  executed  by  order  of  the  Common  Council,  pur- 
suant to  the  charter  of  the  city,  or  any  law  of  the  state. 


§  23>  He  sha11  keeP  tlie  seal  of  Mayoralty,  and  cause  the 
same  to  be  affixed  to  such  instruments  as  the  Mayor  shall, 
from  time  to  time,  direct. 

roenottees  or  §  24.  He  shall  issue  notices  to  the  members  of  the  Board 
5tmgs>  of  Aldermen,  and  of  the  Board  of  Health,  when  directed 
by  those  Boards  respectively,  and  to  the  members  of  the 
different  committees  of  those  Boards,  and  all  persons 
whose  attendance  will  be  required  before  any  such  com- 
mittee, when  directed  by  the  chairman  thereof. 


OP  THE  CLERK  OP  THE  COMMON  COUNCIL.  47 

§  25.  He  shall,   without  delay,  deliver  to  all  officers  of  tr2jmit8ljj 
the   Corporation,  or  of  the  Board  of  Health,  and  to  all  pers- 
committees  of  that  Board,  or  of  the  Board  of  Aldermen, 
all  resolutions  and  communications  referred  to  those  offi- 
cers or  committees  by  those  Boards  respectively. 

§  26.  He  shall,  without  delay,  deliver  to  the  Mayor  all  H»  shaii  da- 
ordinances  or  resolutions  under  his  charge,  which  may  re-  to  the  Mayor, 
quire  to   be   approved   or   otherwise   acted   upon  by  the 
Mayor,  with  all  papers  on  which  the  same  were  founded. 

§  27.  He  shall,  on   the  day  succeeding  the  approval  by  J 
the  Mayor  of  any  ordinance  or  resolution,  or  on  the  day 
succeeding  its  return  by  the  Mayor,  without  approval  or  ComPtroUer- 
objection,  by  which  the  payment  of  any  sum  of  money  out 
of  the   public  treasury  is  directed,  deliver  to  the  Comp- 
troller a  certified  copy  of  the  same. 

§  28.  Ho  shall  receive  and  collect  :  Heshaii  coi 

lect    certain 

1.  All  fees,  profits,  revenues  and  emoluments  granted  fees- 
by  the  charter  to  the  Mayor,  or  which,  by  virtue  of 
the  charter,  the  Mayor  is  entitled  to  receive,  except 
such  fees  and  perquisites  as  the  Mayor  is  legally 
entitled  to. 

2.  All  fees  for  licenses  to   owners   and  drivers   of 
hackney   coaches,    carriages    and    accommodation 
stages,  and  to  pawnbrokers,  dealers  in  second-hand 
articles,  keepers  of  junk  shops  and  keepers  of  intel- 
ligence offices. 

§  29.  He  shall  enter  in  a  book,  to  be  provided  for  that 
purpose  and  kept  in  his  office,  open  at  all  convenient  times 
to  public  inspection,  the  names  of  all  persons  from  whom 
he  may  receive  money  for  the  Corporation,  the  amounts 
received,  and  on  what  account,  and  when  paid,  and  shall 


48  OP  THE  CLERK  OF  THE  COMMON  COUNCIL. 

render  an  account  thereof,  under  oath,  item  by  item,  to  the 
Comptroller,  on  Thursday  of  each  week,  and  shall  there- 
upon pay  over  the  amount,  so  received,  to  the  Chamberlain. 
He  shall,  also,  thereupon,  receive  from  the  Chamberlain  a 
voucher  for  the  payment  thereof,  which  he  shall  forthwith, 
on  the  same  day,  exhibit  to  the  Comptroller,  and  shall,  at 
•  the  same  time,  leave  with  him  a  copy  thereof. 

rfSfaK  §  30-  There  sna11  be  a  Deputy  to  the  Clerk  of  the  Board 
n-  of  Aldermen,  who  shall  assist  the  Clerk  of  the  Common 
Council  in  the  performance  of  the  duties  of  his  office,  and 
shall  attend  to  such  branches  thereof  as  may  be  assigned  to 
him  by  the  Clerk,  under  his  direction,  and  shall  receive  an 
annual  salary  of  two  thousand  dollars. 

§31-  ^n  case  °f  a  vacancy  in  the  office  of  the  Clerk  of 
the  Common  Council,  the  Deputy  Clerk  of  the  Board  of 
Aldermen  shall  act  as  clerk  until  the  vacancy  shall  be  filled 
by  a  new  appointment,  and  until  the  person  appointed 
shall  be  duly  qualified. 

*  32.  Before  entering  upon  the  duties  of  his  office,  the 

clerk     shall         3 

give  bond.  DepUty  Clerk  of  the  Board  of  Aldermen  shall  execute  a 
bond  to  the  Corporation,  with  one  or  more  sufficient  sure- 
ties, to  be  approved  by  the  Comptroller  in  the  penal  sum 
of  one  thousand  dollars,  conditioned  for  the  faithful  per- 
formance of  the  duties  of  his  office. 

§  33'  There  s]ia11  be  five  Assistant  Clerks  in  the  office  of 
the  Clerk  of  the  Common  Council,  to  be  denominated, 
respectively,  the  First,  Second,  Third,  Fourth  and  Fifth 
Clerks,  and  who  shall  perform  such  duties  as  shall  be  as- 
signed to  them  by  the  Clerk,  and  under  his  direction;  the 
First  Clerk  shall  receive  an  annual  salary  of  twelve  hun- 
dred dollars ;  the  Second  Clerk  shall  receive  an  annual 
salary  of  twelve  hundred  dollars;  the  Third  Clerk  shall  re- 


OP  THE  CLERK  OF  THE  BOARD  OF  COUNCILMEN.  49 

ceive  an  annual  salary  of  one  thousand  dollars;  the  Fourth 
Clerk  shall  receive  an  annual  salary  of  one  thousand  dol- 
lars; the  Fifth  Clerk  shall  receive  an  annual  salary  of 
nine  hundred  dollars. 

§  34.  There  shall  be  a  Messenger  and  an  Assistant  Mes- 
senger  to  the  Board  of  Aldermen,  who  shall  serve  all  sub- 
poenas,  notices,  and  all  other  official  papers,  which  shall  C1 
be  delivered  to  them  for  that  purpose  by  the  Clerk  or  under 
his  direction,  and  shall  be  officially  subject  to  the  Clerk ; 
the  Messenger  shall  receive  an  annual  salary  of  nine  hun- 
dred dollars  ;  the  Assistant  Messenger  an  annual  salary  of 
seven  hundred  and  fifty  dollars.  There  shall  also  be  a 
Librarian  and  Engrossing  Clerk,  who  shall  have  charge  of 
the  City  Library,  under  the  entire  supervision  of  the  Clerk 
of  the  Common  Council,  and  who  shall  receive  for  his  ser- 
vices an  annual  salary  of  nine  hundred  dollars.  There 
shall  also  be  an  Engrossing  Clerk,  to  engross  the  proceed- 
ings of  the  Board  of  Aldermen,  who  shall  be  paid  for  such 
service  at  the  rate  of  eight  cents  per  folio. 

§  35.  All  the  officers  hereinbefore  mentioned,  except  the  or  the   ap- 
pointment & 
Clerk  of  the  Board  of  Aldermen,  shall  be  subject  to  ap-  ^Se^mce™ 

pointment  and  removal,  as  provided  in  section  36  of  the 
charter  of  1857. 

ARTICLE   III. 

OP   THE    CLERK  OP   THE    BOARD  OF   COUNCILMEN,  HIS  DEPUTY 

AND   ASSISTANTS. 

§  36.  The  Board  of  Councilmen  shall  appoint  a  Clerk,  ffis  appo^t- 

'  ment  and  ro- 

who  shall  hold  his  office   during   the  continuance  of  the  moval- 
Board  by  which  he  is  appointed,  and  until  his  successor 
shall  be  duly  appointed  and  qualified.     He  may,  however, 
at  any  time,  be  removed  by  that  Board,  and  another  Clerk 


50  OP  THE   CLERK  OF   THE  BOARD  OF   COUNCILMEN. 

be  appointed  in  his  stead,  who  shall  hold  his  office  during 
the  unexpired  term  of  the  Clerk  so  removed. 

Sond-  §  37.  Before  entering  upon  the  duties  of  his  office,  he 

shall  execute  a  bond  to  the  Corporation,  with  one  or  more 
sureties,  to  be  approved  by  the  Comptroller,  in  the  penal 
sum  of  one  thousand  dollars,  conditioned  for  the  faithful 
performance  of  the  duties  of  his  office. 

H*  duties.  §  38>  He  shall  attend  all  the  meetings  of  the  Board  of 
Councilmen,  and  shall  keep  the  minutes  thereof,  proper 
records  of  which  he  shall  cause  to  be  made,  copied  and 
kept  in  his  office,  in  books  to  be  provided  for  that  purpose. 

§  39.  He  shall  publish  all  ordinances  and  amendments 
of  ordinances  which  shall  be  passed,  and  also  the  proceed- 
ings in  the  newspapers  which  may  be  employed  by  the 
Corporation,  except  such  parts  as  may  require  secrecy;  and 
whenever  a  vote  shall  be  taken  in  the  Board,  upon  the  pas- 
sage of  an  ordinance  which  shall  contemplate  any  specific 
improvement,  or  involve  the  sale,  disposition  or  appropria- 
tion of  public  property,  or  the  expenditure  of  public 
moneys,  or  income  therefrom,  or  lay  any  tax  or  assessment, 
such  ordinance  shall,  before  the  same  shall  be  sent  to  the 
other  Board,  and  immediately  after  the  adjournment 
of  the  Board  at  which  the  same  shall  have  been  passed, 
be  published,  with  the  yeas  and  nays,  and  with  the  names 
of  the  persons  voting  for  and  against  the  same,  in  the 
newspapers  employed  by  the  Corporation,  as  part  of  the 
proceedings. 

m  shaii  is-      &  40.  He  shall  issue  notices  to  the  members  of  the  Board 

sue  notices  of 

meetings.  Of  Couucilmen,  when  directed  by  the  Board,  and  to  the 
members  of  the  different  Committees  of  the  Board,  and 
all  persons  whose  attendance  will  be  required  before  any 
such  Committee,  when  directed  by  the  chairman,  or  a 
majority  thereof. 


OF  THE  CLERK  OP  THE  BOARD  OF  COUNCILMEN.  51 

§  41.  He  shall,  in  all  cases,  when  required  by  the  Chair- 


fy  persons  to 

man.  or  a  majority  of  any   Committee  of  the  Board  of  attend  meet- 

J  J  ings  of  Com- 

Councilmen,  issue,  and  cause  to  be  served  upon  persons  mittee3- 
whose  attendance  may  be  required  before  such  Committee, 
subpoanas,  as  provided  by  the  law  of  the  state,  passed 
February  8,  1855,  accompanied  with  the  usual  fee  of  twenty- 
five  cents,  and  shall  be  entitled  to  reimbursement  therefor 
by  the  Comptroller  upon  a  certificate  thereof. 

§  42.  He  shall,  without  delay,  deliver  to  all  officers  of    He    shaii 

transmit  pa- 

the  Corporation,  and  to  all  Committees  of  the  Board  of  pera,  &c. 
Councilmen,   all  resolutions,   communications   and   other 
official  papers  referred  to  those  officers  or  Committees  re- 
spectively, by  that  Board. 

§  43.  He  shall,  without  delay,  deliver  to  the  Mayor  all  He  snaii  <u>- 

J'  J  liver  papers 

ordinances  and  resolutions  passed  by  the  Board  of  Alder-  to  the  Mayor. 
men,  and  concurred  in  by  the  Board  of  Councilmen,  which 
may  require  to  be  approved,  or  otherwise  acted  upon  by 
the  Mayor,   with   all    papers    on  which  the   same  were 
founded. 

§  44.  There  shall  be  a  Deputy  to  the  Clerk  of  the  Board  The  Deputy 
of  Councilmen,  who  shall  perform  such  duties  in  the  office 
and  attend  to  such  branches  thereof,  as  may  be  assigned  to 
him  by  the  Clerk,  and  under  his  direction,  who  shall  re- 
ceive for  his  services  an  annual  salary  of  twelve  hundred 
dollars. 

§  45.  In  case  of  a  vacancy  in  the  office  of  Clerk  of  the  The  powers 

J  of  the  Depu- 

Board  of  Councilmen,  the  Deputy  Clerk  shall  act  as  Clerk  tycierk. 
until  the  vacancy  shall  be  filled  by  a  new  appointment,  and 
until  the  person  appointed  shall  be  duly  qualified. 

§  46.  There  shall  be  an  Assistant  Clerk  in  the  office  of 
the  Clerk  of  the  Board  of  Councilmen,  who  shall  perform 
such  duties  as  shall  be  assigned  to  him  by  the  Clerk,  and 


52  OP   CERTAIN   OFFICERS   OF   THE  COMMON   COUNCIL. 

under  his  direction,  who  shall  receive  for  his  services  an 
annual  salary  of  one  thousand  dollars. 

Engrossing^       §47.  There  shall  also  be  an  Engrossing  Clerk,  to  engross 

Clerk* 

the  proceedings  of  the  Board  of  Councilmen,  and  to  per- 
form such  other  duties  as  he  may  be  directed  by  the  Clerk 
of  this  Board,  who  shall  be  paid  for  such  services  the  sum 
of  nine  hundred  dollars  per  annum. 

Messenger.  §48.  There  shall  be  a  Messenger  to  the  Clerk  of  the 
Board  of  Councilmen,  who  shall  serve  all  subpoenas,  noti- 
ces and  other  official  papers,  which  shall  be  delivered  to 
him  for  that  purpose  by  the  Clerk,  who  shall  be  officially 
subject  to  the  Clerk,  and  shall  perform  such  other  business 
as  shall  be  assigned  to  him  in  the  general  care  of  the  office, 
and  who  shall  receive  for  his  services  an  annual  salary  of 
nine  hundred  dollars. 

Assistant         §  49.  There  shall  be  an  Assistant  to  the  Messenger,  who 

Messenger. 

shall  aid  and  assist  the  Messenger  in  the  general  dis- 
charge of  his  duty,  and  who  shall  receive  for  his  services 
an  annual  salary  of  five  hundred  dollars. 

§  5°'  A11  the  officers  of  the  Councilmen  hereinbefore 
mentioned,  except  the  Clerk  of  the  Board  of  Councilmen, 
shall  be  subject  to  appointment  and  removal,  as  provided 
in  section  36  of  the  charter  of  1857. 


ARTICLE  IV. 

OP  THE  OTHER  OFFICERS  OF  THE  COMMON  COUNCIL. 

Readers.  §  51.  A  Eeader  to  each  Board  shall  be  appointed  by  the 
President  thereof,  and  shall  hold  his  office  during  the  plea- 
sure of  the  President  by  whom  he  is  appointed,  and  shall 
receive,  annually,  five  hundred  dollars  each. 


OP    CERTAIN   OFFICERS  OF  THE  COMMON   COUNCIL.  53 

§  52.  The  Reader  of  each  Board  shall  aid  the  President  Duties  of  Rea- 
ders. 

in  reading  the  various  ordinances,  resolutions,  communica- 
tions and  reports  which  shall  come  before  the  Board. 

§  53.  Each  Board  shall  appoint  a  Sergeant-at-arms,  who  Jggeant3'at- 
shall  hold  his  office  during  the  continuance  of  the  Board 
by  which  he  is  appointed,  and  until  his  successor  shall  be 
duly  appointed  and  qualified.  He  may,  however,  at  any 
time  be  removed  by  the  Board  appointing  him,  and  an- 
other Sergeant-at-arms  be  appointed  in  his  stead,  who  shall 
hold  his  office  during  the  unexpired  term  of  the  one  so 
removed. 

§  54.  The  Sergeant-at-arms  of  each  Board  shall  attend  Duties  <* 

Sergeants -at- 

all  the  meetings  of  the  Board,  and  shall  execute  all  lawful arm3- 
orders  directed  to  him  by  the  Board,  or  the  President 
thereof,  and  they  shall  receive  annually  for  their  services 
eight  hundred  dollars  each. 

§  55.  The  Board  of  Councilmen  shall  appoint  a  Door 
keeper,  who  shall  hold  his  office  during  the  pleasure  of  that men 
Board. 


54 


CHAPTER   III. 

OF  THE  DEPARTMENT  OF  FINANCE. 

ARTICLE  I.  —  OF  THE  DEPARTMENT  OF  FINANCE  AND  ITS 

BUREAUX  GENERALLY. 
II.  —  OF  THE  COMPTROLLER. 

III.  —  OF  THE  DEPUTY  COMPTROLLER. 

IV.  —  OF  THE  CLERKS  IN   THE   OFFICE  OF  THE 

COMPTROLLER. 

Y.  —  OF  THE  BUREAU  OF  CITY  REVENUE. 
YI.  —  OF  THE  BUREAU  OF  RECEIVER  OF  TAXES. 
VII.  —  OF  THE  BUREAU  OF  CLERK  OF  ARREARS. 
VIII.  —  OF  THE   BUREAU  OF  DEPOSIT   AND   DIS- 

BURSEMENT. 
IX.  —  OF  THE  AUDITING  BUREAU. 

ARTICLE  I. 

OF  THE  DEPARTMENT  OF  FINANCE  AND  ITS  BUREAUX 
GENERALLY. 


Department   of  Finance  shall  have   control 
Department.  Qf  ^  ^Q  £gca}  concerns  Of  the  Corporation,  and  shall 

prescribe  the  forms  of  keeping  and  rendering  all  city  ac- 
counts, not  inconsistent  with  this  ordinance;  and  all  ac- 
counts rendered  to  or  kept  in  the  several  departments  of 
the  city  government,  shall  be  subject  to  the  inspection  and 
revision  of  the  officers  of  this  department. 

aid.  §  2.  It  shall  also  settle  and   adjust   all  claims  by  the 

Corporation  or  against  them,  and  all  accounts  in  which 
the  Corporation  is  concerned,  either  as  debtor  or  creditor 
not  otherwise  provided  for  by  law. 


OP  THE  DEPARTMENT  OP  FINANCE.  55 

§3.  There  shall  be  five  bureaux  in  the  Department  of  Bareaux- 
Finance  : 

1.  A  bureau  for  the  collection  of  the  revenue  ac- 
cruing from  rents  and  interest  on  bonds  and  mort- 
gages, and  for  the  collection  of  all  revenues  arising 
from   the   use   or   sale   of  property  belonging  to,  or 
managed  by,  the  city,   and  for  the  performance   of 
such  duties  as  may  be  directed  by  the  Common  Coun- 
cil, the   chief  officer   of  which   shall  be  called  the 
'•  Collector  of  City  Revenue." 

2.  A  bureau  for  the  collection  of  taxes;  the  chief 
officer   thereof    shall    be    called  the    "  Receiver    of 
Taxes,"  who  shall  have  all  the  powers  and  perform 
all  the  duties  now  prescribed  by  law  for  the  Receiver 
of  Taxes. 

3.  A  bureau  for  the  collection  of  arrears  of  taxes, 
arrears  of  assessments  and  arrears  of  water  rents, 
the  chief  officer  of  which  shall  be  called  the  "  Clerk 
of  Arrears." 

4.  A  bureau  for  the  reception  of  all  moneys  paid 
into  the  treasury  of  the  city,  and  for  the  payment 
of  moneys   on  warrants  drawn  by  the  Comptroller, 
and  countersigned  by   the  Mayor  and  Clerk  of  the 
Common  Council;  and  the  chief  officer  thereof  shall 
be   called  the    "  Chamberlain   of  the   city   of  New 
York." 

5.  A  bureau,  to  be  called  the  "  Auditing  Bureau;  " 
the  chief  officer  thereof  shall  be  called  the  "  Auditor 
of  Accounts." 


56  OF   THE   DEPARTMENT   OP   FINANCE. 

ARTICLE  II. 

OF     THE     COMPTROLLER. 

The    comp-      §  4.  The  chief  officer  of  the  Department  of   Finance 

{•roller      and 

his  salary,  shall  be  called  the  Comptroller  of  the  city  of  New  York, 
who  shall  be  paid  monthly  for  his  services  at  the  rate  of 
five  thousand  dollars  per  annum. 

Smpt?ofue?.e  §  5-  Before  entering  upon  the  duties  of  his  office,  the 
Comptroller  shall  execute  to  the  Corporation  a  bond, 
with  at  least  two  sufficient  sureties,  to  be  approved  by 
the  Mayor,  and  filed  in  the  Mayor's  office,  in  the  penal 
sum  of  twenty  thousand  dollars,  conditioned  for  the  faith- 
ful performance  of  the  duties  of  his  office. 

comptrollers  §  6.  The  Comptroller  shall  superintend  the  fiscal  con- 
cerns of  the  Corporation,  and  manage  the  same  in  the 
manner  required  by  the  charter  of  the  city,  and  the 
various  acts  amending  the  same,  by  the  laws  of  this  state, 
and  by  the  ordinances  or  resolutions  of  the  Common 
Council,  not  inconsistent  with  this  ordinance. 

ibid.  §  7.  He  shall,  from  time  to  time,  and  as   often  as  he 

may  deem  necessary,  suggest  to  the  Common  Council 
plans  for  the  improvement  and  management  of  the  city 
revenue. 

ibid.  §  8.  He  shall  superintend  all    the  real  estate  of  the 

Corporation,  and  report  to  the  Common  Council  all  en- 
croachments thereon. 

ibid.  §  9.  He  shall  keep  and  file  in  his  office  all  title  deeds, 

leases,  mortgages,  or  other  assurances  of  title,  and  all 
evidences  of  debt,  contracts,  bonds  of  indemnity,  and 
official  bonds,  except  such  as  are  directed,  by  this  ordi- 
nance, to  be  deposited  elsewhere. 


OP  THE   DEPARTMENT  OP  FINANCE.  57 

§  1.0.  He  shall  cause  all  grants,  leases  and  counterparts  comptrollers 
•of  leases  or  deeds,  executed  by  the  Corporation,  to  be  re- 
corded in  proper  books,  to  be  kept  in  his  office. 

§  11.  He  shall  cause   a  proper  map   or    survey   of  all  iwd. 
lands   or  premises   granted,   conveyed  or  leased  by  the 
Corporation,  to  be  annexed  to  the  grant,   deed  or  lease 
thereof,  and   to  be  therein  referred  to,  before  the  execu- 
tion thereof. 

§  12.  He  shall  cause  a  proper  map  or  survey  of  all md- 
lands  or  premises,  ceded,  granted,  conveyed  or  leased  to 
the  Corporation,  to  be  annexed  to  the  cession,  grant,  deed, 
or  lease  thereof,  and  to  be  therein  referred  to  before 
execution  or  acceptance  thereof. 

§  13.  He  shall  direct  and  superintend  the  collection  of  ibid. 
all  rents,  or  other  moneys  due  to  the  Corporation,  and  at 
least  once  in  each  month,  furnish  to  the  Collector  of  the 
City   Kevenue,  accurate  accounts  of  all  such  rents    or 
moneys  as  shall  remain  unpaid. 

§  14.  He  shall  revise,  audit  and  settle  all  accounts  in  ^id. 
which  the  Corporation  is  concerned,  either  as  debtor  or 
creditor,  where  provision  for  the  settlement  thereof  is 
not  otherwise  provided  for  by  law,  and  the  settlement  of 
which  is  not  especially  committed  by  ordinance  to  some 
other  authority;  and  where  no  such  provision,  or  an  in- 
sufficient provision  has  been  made,  he  shall  examine  such 
accounts,  and  report  to  the  Common  Council  the  facts  re- 
lating thereto,  with  his  opinion  thereon. 

§  15.  He  shall  draw  and  sign  all  warrants  on  the  Cham-  ibid, 
berlain,  for  moneys  which  he  is  authorized  to  draw  from 
the  treasury,  and  present  the  same  with  the  vouchers  to 
the  Mayor,  to  be  countersigned  by  him  and  the  Clerk  of 
5 


58  OF  THE  DEPARTMENT   OF  FINANCE. 

the  Common  Council,  respectively.  But  no  such  warrant 
shall  be  drawn,  unless  the  sum  specified  therein  is  embraced 
in  an  appropriation  previously  made  for  that  purpose  by 
the  Common  Council. 

comptroller  *  §  16.  He  shall  supervise  the  fiscal  concerns  of  all  de- 
partments, bureaux  and  officers  of  the  Corporation,  who 
shall  receive  or  disburse  the  public  moneys,  or  who  are 
charged  with  the  management  or  custody  thereof;  and  may 
require,  at  any  time,  from  those  departments,  bureaux  or 
officers,  an  account,  in  writing,  of  any  moneys  or  property 
of  the  Corporation  in  their  hands  or  under  their  control. 

aid.  §  17,  He  shall  report  to  the   Common  Council  imme- 

diately upon  its  discovery,  any  default  or  delinquency  in 
any  of  the  departments,  bureaux  or  offices  of  the  Corpo- 
ration, in  respect  to  the  matters  mentioned  in  the  last 
section. 

§  18.  He  shall  compare  the  quarterly  accounts  of  the 
Chamberlain  with  the  vouchers  relating  to  the  same,  and 
with  the  books  of  the  department,  and  report  those  ac- 
counts, with  such  information  in  respect  thereto  as  may 
be  proper,  to  the  Common  Council,  or  to  either  Board 
thereof,  at  its  next  meeting. 

IW<L  §  19.  He  shall  keep  true  and  accurate  accounts  of  all 

matters  appertaining  to  the  department,  and  submit  to  the 
Joint  Committee  of  Accounts,  or  the  Common  Council 
for  their  examination,  when  required,  a  full  and  detailed 
statement  of  all  the  accounts  of  the  department,  together 
with  the  accompanying  vouchers. 

ibid.  §  20.  He  shall  submit  to   the  Common  Council,  on  or 

before  the  first  day  of  November,  in  each  year,  a  detailed 
estimate  of  the  receipts  and  expenditures  for  the  year, 
commencing  on  the  first  of  January  following,  in  order 


OF    THE   DEPARTMENT   OF   FINANCE.  59 

that  the  annual  appropriations  may  then  be  made;  and 
also  an  estimate  of  the  probable  amount  of  tax  that  may 
be  required  for  the  year,  commencing  on  the  first  of  Jan- 
uary following,  with  the  draft  of  an  act  authorizing  the 
raising  of  such  tax,  in  order  that  an  application  may  be 
made  to  the  legislature  for  authority  to  levy  the  same. 

§21.  He  shall  report  to  the  Common  Council,  within  comptroller* 
thirty  days  after  their  organization  in  each  year,  a  state- 
ment of  all  contracts  made  by  the  Corporation,  or  directed 
or  authorized  by  the  Common  Council;  and  not  performed 
or  completed,  or  upon  which  any  money  remains  unpaid, 
with  the  amount  of  money  so  remaining  unpaid  on  each. 

§  22.  He  shall  report  forthwith  to  the  Common  Council  n>id- 
every  case  in  which  an  appropriation  is  exhausted,  the  ob- 
ject of  which  is  not  completed,  and  accompany  such  report 
with  a  statement  of  the  moneys  which  have  been  drawn  on 
such  appropriation,  the  particular  purposes  for  which  they 
were  drawn,  and  the  cause  of  the  deficiency,  and  an  esti- 
mate of  the  amount  that  will  be  necessary  to  complete 
the  object  of  the  appropriation. 

§  23.  He  shall  publish,  in  the  newspapers  employed  by  n***- 
the  Common  Council,  two  months  before  the  annual  elec- 
tion of  charter  officers,  in  each  year,  for  the  general   in- 
formation of  the  citizens  of  the  city  of  New  York,  a  full 
and  detailed  statement,  setting  forth  : 

1.  The  receipts  and  expenditures  of  the  Corporation 
during   the  preceding  year,  and  the  different  sources 
of  the  city  revenue,  and  the  amount  received  from 
each. 

2.  The   several  appropriations  made  by  the  Com- 
mon Council,  the  objects  for  which  they  were  made, 
and  the   amount  of  moneys   expended  under  each  ap- 
propriation. 


60  OP  THE  DEPARTMENT  OP  FINANCE. 

3.  The  moneys  borrowed  on  the  credit  of  the  Cor- 
poration, the  authority  for  each  loan,  and  the  terms 
upon  which  it  was  obtained. 

dual?011  §  24.  He  shall  direct  legal  proceedings  to  be  taken, 
when  necessary,  to  enforce  payment  of  rents  or  other 
debts  due  to  the  Corporation,  or  to  obtain  possession  of 
premises  to  which  the  Corporation  is  entitled. 

§  25.  He  shall,  as  often  as  the  state  of  the  Sinking  Fund 
shall  render  it  necessary,  advertise  and  sell  at  auction  or 
private  sale,  as  in  his  judgment  may  be  most  expedient, 
the  water  lot  quit-rents  belonging  to  the  Corporation,  in 
such  parcels,  and  on  such  terms,  as  the  Common  Council 
or  the  Commissioners  of  the  Sinking  Fund  may  prescribe, 
and  cause  proper  conveyances  to  be  executed  to  the  pur- 
chasers; the  avails  of  which  shall  be  deposited  in  the 
treasury  to  the  credit  of  the  Sinking  Fund. 

Ibid'  §  26.  He  may  consent,  in  the  name  and  on  behalf  of  the 

Corporation,  that  the  lessee  or  assignee  of  a  lease  made 
by  the  Corporation,  may  assign  the  same,  or  underlet  the 
demised  premises,  where  provision  is  made  by  the  lease 
that  it  shall  not  be  assigned,  or  the  premises  underlet, 
without  the  consent  of  the  Corporation;  but  he  shall  not 
so  consent,  unless  all  arrears  of  rent,  and  all  taxes  or  as- 
sessments upon  the  premises  be  paid. 

K>tf.  §  27.  When  provision  shall  be  made  by  a  lease,  to  which 

the  Corporation  is  a  party,  or  in  which  it  is  interested, 
that  appraisers  on  behalf  of  the  Corporation  to  determine 
the  rent  on  renewal  of  the  lease  or  the  value  of  buildings 
to  be  paid  for  on  the  expiration  thereof,  shall  be  appointed; 
the  appraiser  or  appraisers  on  the  part  of  the  Corporation 
may  be  appointed  by  the  Mayor  and  the  Comptroller. 


tbid. 


§  28.  The  Comptroller  may  accept  the  cession  of  streets 


OP  THE  DEPARTMENT  OF  FINANCE.  f)l 

or  avenues,  or  parts  thereof,  not  ceded  or  opened,  on  re- 
ceiving a  sufficient  conveyance  thereof  to  the  Corporation, 
with  a  map  of  the  ceded  premises  annexed  thereto,  and  a 
certificate  of  the  Counsel  to  the  Corporation,  approving 
the  same.  But,  in  all  cases,  the  expense  of  the  cession 
must  be  paid  by  the  party  by  whom  it  is  made. 

§  29.  When  several  lots  or  parcels  of  land  belonging-  to  comptrollers 

r  duties. 

different  persons,  are  assessed  for  taxes  in  one  parcel,  the 
Comptroller  may  make  the  proper  apportionment  of  the 
tax  among  the  different  owners,  or  may,  in  cases  of  diffi- 
culty, report  the  facts  to  the  Common  Council,  to  the  end 
that  the  apportionment  may  be  made  by  them. 

§  30.  The  Comptroller  shall  preserve,  in  a  book  to  be  n>id. 
kept  in  his  office  for  that  purpose,  to  be  called  the  Eecord 
of  Quit-rents,  maps  of  all  grants  of  land,  now  or  hereafter 
made  by  the  Corporation,  on  which  quit-rents  are  paya- 
ble, showing  the  original  grants,  and  the  subdivisions  of 
the  same,  as  near  as  they  can  be  ascertained. 

§  31.  He  shall  enter,  in  the  record  of  quit-rents,  imme- Ibid- 
diately  following  each  map,  the  names  of  the  owners  of 
the  different  lots  described  thereon,  with  the  portion  of 
the  quit-rent  to  which  each  is  subject ;  and  he  may  receive 
the  sums  proportionably  due  from  each  owner  in  payment 
of  his  portion  of  the  moneys  payable  under  the  original 
grant,  as  the  same  shall,  from  time  to  time,  become  payable. 

§  32.  He  shall,  on  receiving  written  notice  from  the  n>ia. 
grantee  of  the  Corporation,  or  his  assignee,  of  the  sale  of 
any  portion  of  land  subject  to  quit-rent,  enter  in  the  record 
of  quit-rents  the  name  of  the  purchaser,  with  the  date  of 
the  sale,  and  the  portion  of  the  land  sold;  and  he  may 
thereafter  receive  the  sum  proportionably  due  from  such 
purchaser,  in  payment  of  his  portion  of  the  moneys  paya- 


62  OF   THE   DEPARTMENT   OF   FINANCE. 

ble  under  the  original  grant,  as  the  same  shall,  from  time 
to  time,  become  payable. 


cause  to  be  inserted,  in  all  grants  of 
land  subject  to  a  quit-rent,  a  covenant  requiring  the  gran- 
tee or  his  legal  representatives,  when  he  or  they  shall 
sell  the  whole  or  a  portion  of  the  land  granted,  to  give  to 
the  Comptroller  a  written  notice  of  the  sale,  within  thirty 
days  after  it  is  made,  specifying  therein  the  name  of  the 
purchaser,  the  quantity  and  location  of  the  land  sold,  the 
amount  of  quit-rent  to  be  paid  thereon,  and  the  day  of 
the  sale. 

§  34.  Upon  receiving  the  notice  mentioned  in  the  last 
section,  the  Comptroller  shall  enter  the  same  in  the  record 
of  quit-rents,  and  from  that  time  he  may  receive  from  the 
owner  of  the  lot  or  parcel  mentioned  in  the  notice,  or  his 
legal  representatives,  the  sum  proportionably  due  from 
him  in  payment  of  his  proportion  of  the  moneys  payable 
under  the  original  grant. 

ttld*  §  35.  When  land,  heretofore  granted  by  the   Corpora- 

tion, subject  to  a  quit-rent,  portions  of  which  have  been 
assigned  by  the  grantee,  shall  be  re-entered  by  the  Corpo- 
ration for  non-payment  of  the  quit-rent,  the  Comptroller 
may  grant  releases  in  severalty  to  such  of  the  assignees  of 
portions  of  the  land  granted,  as  shall,  within  six  months 
from  the  re-entry,  pay  their  respective  apportionments  of 
commutation  money,  and  the  expenses  of  re-entry  and  con- 
veyance, with  such  portions  of  the  rent  as  may  be  justly 
due  from  the  respective  assignees  for  the  land  held  by  them, 
and  which  shall  be  apportioned  by  the  Comptroller. 

§  36.  The  releases  and  apportionments  mentioned  in  the 
last  section,  shall  not,  however,  be  granted  or  made,  un- 
less the  assignee,  requiring  the  same,  or  his  legal  repre- 


OP  THE  DEPARTMENT   OF  FINANCE.  63 

sentatives,  shall  comply  with  the  terms  and  conditions  pre- 
scribed in  that  section,  within  thirty  days  after  notice 
from  the  Comptroller  requiring  such  compliance. 

§  37.  The  Comptroller  may,  from  time  to  time,  with  the 
sanction  of  the  Common  Council,  borrow  on  the  credit  of 
the  Corporation,  in  anticipation  of  its  revenues,  such 
sum  or  sums,  not  exceeding  in  the  whole  the  amount  of 
such  revenues,  as  may  be  necessary  to  meet  expenditures 
under  appropriations  for  the  current  year. 

§  38.  Every  loan  to  be  effected,  as  authorized  by  the 
last  section,  shall  be  secured  by  the  bonds  of  the  Corpo- 
ration, payable  in  not  exceeding  one  year,  in  such  sums  as 
the  Comptroller  may  deem  proper,  which  shall  be  signed 
by  the  Comptroller,  countersigned  by  the  Mayor,  and 
sealed  with  the  common  seal. 

§  39.  If  the  Comptroller  shall  become  disqualified  from  vacancy   m 

office  of  comp 

performing  the  duties  of  his  office,  or  shall  be  absent  from  troUer- 
or  resign  the  same,  the  Mayor  shall  appoint  a  suitable 
person  to  perform  the  duties  during  such  disqualification 
or  vacancy,  subject  to  confirmation  by  the  Board  of  Al- 
dermen . 

ARTICLE  III. 

OF  THE  DEPUTY   COMPTROLLER. 

§40.  There  shall  be  an  officer  in  the  Department  ofDePQty 

Comptroller 

Finance,  who  shall  be  called  the  Deputy  Comptroller  of  and  salary, 
the  city  of  New  York,  who  shall  be  paid  monthly  for  his 
services  at  the  rate  of  two  thousand  five  hundred  dollars 
per  annum, 

$41.  The  Deputy   Comptroller  shall,    before  en  terms:  Bond  of  De- 

&  puty    Comp- 

.upon  the  duties  of  his  office,  execute  a  bond  to  the  Cor-  troller« 
poration,  with  one  or  more  sureties,  to  be  approved  by  the 


§4  OP   THE   DEPARTMENT   OP   FINANCE. 

Comptroller,  in  the  penal  sum  of  ten  thousand  dollars, 
conditioned  for  the  faithful  performance  of  the  duties  of 
his  office. 

DutDepS[ythe  §  42.  He  shall  assist  the  Comptroller  in  the  performance 
comptroller.  Q£  ^Q  duties  appertaining  to  his  office,  and  shall  be  com- 
petent, under  the  direction  and  by  the  authority  of  the 
Comptroller,  to  perform  any  of  the  duties  assigned  to  the 
Comptroller,  except  to  sign  warrants  on  the  Chamberlain. 
And  in  case  of  the  absence  of  the  Comptroller,  by  reason 
of  sickness  or  other  cause,  from  the  office  for  more  than 
one  day  at  any  one  time,  the  Deputy  Comptroller  shall  act 
as  Comptroller,  in  all  matters  not  inconsistent  with  the 
charter,  during  such  absence;  and  in  case  of  vacancy  in  the 
office  of  Comptroller,  the  Deputy  shall  act  as  Comptroller 
until  the  vacancy  shall  be  supplied,  as  provided  by  section 
twenty  of  the  act  entitled  "  An  act  to  amend  the  charter 
of  the  city  of  New  York,"  passed  April  14,  1857. 

ARTICLE  IY. 

OF  THE  CLERKS  IN  THE  OFFICE  OF  THE  COMPTROLLER. 

clerks  in  De-  §  43.  There  shall  be  sixteen  clerks  in  the  Department  of 
Finance.  Finance,  to  be  denominated  respectively  the  Book-keeper, 
two  Assistant  Book-keepers,  the  Stock  Clerk,  the  First 
Auditor,  the  Second  Auditor,  the  Redemption  Clerk,  the 
Assistant  Auditor,  the  Clerk  to  the  Comptroller,  and  seven 
general  clerks.  There  shall  likewise  be  two  Messengers* 
in  said  office. 

Duties  of  §  44.  The  Book-keeper  shall,  under  the  direction  of  the 
r  Deputy  Comptroller,  keep  a  regular  set  of  books  by 
double  entry,  in  which  shall  be  opened  and  kept  as  many 
accounts,  under  appropriate  titles,  as  may  be  necessary  to 
show  distinctly  and  separately  all  the  receipts  and  ex- 
penditures of  the  Corporation;  all  debts  due  to  and  by  the 


OP  THE  DEPARTMENT  OF  FINANCE.  6& 

Corporation,  and  all  appropriations  made  by  the  Common 
Council,  and  the  sums  expended  under  the  same  respect- 
ively, and  shall  perform  such  other  duties  as  may  be  di- 
rected by  the  Comptroller. 

The  Assistant  Book-keepers  under  the  direction  of  the  ^ues^ami 
Comptroller  shall  perform  such  services  as  may  be  required 
in  the  Department  of  Finance,  or  in  any  bureaux  connected 
with  said  department.     They  shall  each  receive  for  their 
services  twelve  hundred  dollars  per  annum. 

§  45.  The  Stock  Clerk  shall,  under  the  direction  of  the 
Comptroller,  have  charge  of  the  various  stocks  and  loans 
of  the  Corporation;  prepare  certificates  for  all  new  stocks 
or  loans,  and  all  transfers  of  stocks;  make  out  the  quar- 
terly and  semi-annual  dividends  on  all  stocks  and  loans; 
receive  all  temporary  loans,  and  prepare  bonds  for  the 
payment  thereof;  prepare  warrants  for  the  payment  of  all 
stocks  and  loans  falling  due,  and  enter  in  books,  to  be  pro- 
vided for  that  purpose,  the  certificates,  transfers,  pay- 
ments and  bonds  mentioned  in  this  section,  and  shall  per- 
form such  other  duties  as  may  be  directed  by  the  Comp- 
troller. 

§  46 .  The  First  Auditor  shall  audit  and  prepare  war-  Duties  otrirst 
rants  for  the  payment  of  all  bills  presented  for  payment 
on  city  account,  including  the  salaries  of  officers  of  the 
Corporation,  and  enter  the  same  in  books  provided  for 
that  purpose,  and  shall  perform  such  other  duties  as  may 
be  directed  by  the  Comptroller. 

$  47.  The  Second  Auditor  shall  audit  and  prepare  war-  Duties  of  sec^ 

ond  Auditoiu. 

rants  for  the  payment  of  all  claims  on  trust  account,  and 
enter  the  same  in  books  provided  for  that  purpose,  dis- 
tributing the  various  accounts  under  appropriate  heads, 
and  shall  also  have  charge  of  and  keep  the  books  of  ac- 


OF   THE   DEPARTMENT   OF   FINANCE. 

count  of  the  Commissioners  of  the  Sinking  Fund,  and 
shall  perform  such  other  duties  as  may  be  directed  by  the 
Comptroller. 

§  48.  The  Kedeinption  Clerk  shall  prepare  lists  of  pro- 
perty liable  to  be  sold  for  unpaid  taxes,  assessments  and 
Croton  water  rents,  and  shall  enter  the  same  in  books  to 
be  provided  for  that  purpose,  and  shall  perform  such  other 
duties  as  may  be  directed  by  the  Comptroller. 

Duties  of  AS-      649.  The  Assistant  Auditor  shall  have  charge  of,  and 
sistant  Audi- 
tor- make  all  entries  in  the  proper  books,  showing  the  receipts 

and  expenditures  in  relation  to  assessments  for  opening, 
regulating  and  paving  streets,  building  and  repairing 
wharves  and  piers,  digging  and  building  wells,  construct- 
ing public  roads,  when  done  by  assessment,  and  filling  up 
sunken  lots  under  ordinances  of  the  Common  Council. 
He  shall  also  have  charge  of  the  books  in  reference  to  in- 
testate estates,  and  shall  file  all  returns,  documents  and 
vouchers  appertaining  to  the  Department  of  Finance,  and 
shall  perform  such  other  duties  as  may  be  directed  by  the 
Comptroller. 

Duties  of          §50.  The   Clerk  to  the  Comptroller  shall   enter,  in  a 
comptroller,  book  to  to  be  provided  for  that  purpose,  and  kept  in  the 
Comptroller's  office,  all  deeds,  leases  and  mortgages  of 
real  estate  in  which  the  Corporation  is  interested. 

aid-  §  51.  He  shall  also  enter  in  books  provided  for  that 

purpose,  all  resolutions  of  the  Common  Council  and  of  the 
Board  of  Health,  and  Board  of  Supervisors,  relating  to 
the  Department  of  Finance,  the  official  correspondence  of 
the  department,  and  all  contracts  or  other  documents  ap- 
pertaining thereto,  and  shall  perform  such  other  duties  as 
may  be  directed  by  the  Comptroller. 

§52.  The    Clerk    to  the   Comptroller  shall    be  paid 


OF  THE  DEPARTMENT  OF    FINANCE.  67 

monthly  for  his   services  at   the  rate  of   two  thousand  dol- 
lars per  annum. 

§  53.  The  General  Clerks  shall  perform   such   services  SS 
appertaining   to   the   Department  of  Finance,  or   in  any  ra 
bureaux  connected  therewith,  as  may  be  required  by  the 
Comptroller.     The  seven  General  Clerks  shall  receive  for 
their  services  the  following  compensation,  five  at  one  thou- 
sand dollars  each  per  annum,  and   two  at  eight  hundred 
dollars  per  annum. 


§  54.  The  two  Messengers  shall  perform  such  duties  as 
may  be   required  by  the    Comptroller,   and   shall  receive  sen8ers- 
seven  hundred  dollars  per  annum  for  their  services. 

ARTICLE  V. 

OF  THE  BUREAU  OF  CITY  REVENUE. 

§  55.  This  bureau,   the   chief  officer  of  which   shall  be  g;^/ 
called  the   Collector  of  City  Revenue,  is  charged  with  the  Burcau- 
duty  of  collecting  all  moneys  accruing  to  the  Corporation 
for  rents,  market  fees,  interest  and  principal  on  bonds  and 
mortgages;  and  all   revenues  arising  from  the  use  or  sale 
of  manure,  and  of  property  belonging  to,  or  managed  by, 
the  city,  and  all  other  debts  due  to  the  Corporation,  which 
may  be  placed  in  his  hands  by  the    Comptroller,  and  for 
the  performance  of  such  other  duties  as  may  be  directed 
by  the  Common  Council. 

§  56.  The  Collector  of  the  City  Revenue  shall,  before  g^t°0fr 
entering  upon  the  duties  of  his  office,  execute  a  bond  to 
the  Corporation,  with  one  or  more  sureties,  to  be  ap- 
proved by  the  Comptroller,  in  the  penal  sum  of  fifteen 
thousand  dollars,  conditioned  for  the  faithful  performance 
of  the  duties  of  his  office. 


68  OF  THE   DEPARTMENT   OF  FINANCE. 

£c!ocrso°ffcny  §  ^'  He  sl[iQjl1  enter  in  a  book'  to  be  Pr°vided  for  that 
revenue.  purpose,  and  kept  in  the  office  of  the  Comptroller,  open  at 
all  convenient  times  to  public  inspection,  the  names  of  all 
persons  from  whom  he  may  receive  money  for  the  Cor- 
poration; the  amounts  received,  and  on  what  account,  and 
when  paid;  and  shall  daily  render  an  account  thereof 
under  oath,  item  by  item,  to  the  Comptroller,  and  shall 
thereupon  daily  pay  over  the  amount  so  received  to  the 
Chamberlain.  He  shall  also  thereupon  receive,  from  the 
Chamberlain,  a  voucher  for  the  payment  thereof,  which  he 
shall,  on  the  same  day,  exhibit  to  the  Comptroller,  and 
shall,  at  the  same  time,  leave  with  him  a  copy  thereof. 

§  58.  He  shall  report  to  the  Comptroller,  all  cases  in 
which  he  shall  be  unable  to  collect  a  debt  due  to  the  Cor- 
poration, with  the  reason  thereof,  to  the  end  that  proper 
measures  may  be  directed  by  the  Comptroller  in  ascer- 
taining the  fair  rent  of  property  belonging  to  the  Corpo- 
ration, and  in  renting  the  same. 

ibid.  §  59.  He  shall  attend  daily  at  the  office  of  the  Comp- 

troller, from  eleven  o'clock  in  the  forenoon  to  one  o'clock 
in  the  afternoon,  for  the  purpose  of  performing  such  duties 
as  are  incident  to  his  office. 

compensa-  §  60.  The  Collector  of  City  Revenue  shall  receive 
monthly,  three  quarters  of  one  per  cent,  upon  all  moneys 
received  or  collected  by  him,  by  virtue  of  the  authority 
contained  in  this  ordinance,  in  full,  for  all  services  per- 
formed by  him. 

?ntpofMarket      §  61*  Tnere  sna11  be  in  tne  Bureau  for  the  Collection  of 

dutos*  Jtary  the  City  Revenue,  an  officer  to  be  styled  "  the  Superin- 

andbond.     .tendent  of  Market  Rents  and  Fees,"  and  for  the  sale  of 

manure  and  for  the  collection  of  the  revenue  arising  from 

the  sale  of  manure,  whose  duty  it  shall  be  to  grant  per- 


OP   THE    DEPARTMENT   OP   FINANCE.  69 

mits  for  stands,  and  also  of  transferring  butcher's  stalls 
within  the  limits  of  the  several  public  markets,  with  power 
at  any  time  to  annul  such  permits,  and  also  for  the  sale 
of  manure,  and  for  collecting  the  revenues  arising  from 
the  sale  of  manure,  who  shall  receive  annually  for  his  ser- 
vices, the  sum  of  two  thousand  dollars.  Said  Superin- 
tendent of  Market  Rents  and  Fees  shall,  before  entering 
on  the  duties  of  office,  execute  a  bond  to  the  Corporation 
with  surety  to  be  approved  by  the  Comptroller,  in  tlie 
penal  sum  of  five  thousand  dollars,  conditioned  for  the 
faithful  performance  of  the  duties  of  his  office. 

§  62.  The  said  Superintendent  shall  have  power  to  fix  ^Jg^ 
and  determine  the  rents  and  fees  of  all  persons  holding  Rents&Fees> 
or  occupying  streets,   sheds   or  stands  in  the  public  mar- 
kets  or  within  the  limits   of  said  markets,  and  also  the 
fees  to  be  charged   for   the   market   wagons   or  vehicles 
bringing  produce   thereto.     He  shall  also  sell  all  the  ma- 
nure and  collect   the  revenue  arising  from  such  sale  or 
sales,  and  pay  over  the  proceeds  to  the  Collector  of  the 
City  Revenue. 

§  63.  Said  Superintendent  shall  also  appoint  competent  inspector  of 
persons  to  act  as  inspectors  of  manure,  whose  duty  it  shall 
be  to  attend  at  the  various  dumping  grounds,  or  at  such 
place  or  places  as  said  Superintendent  shall  direct,  who 
shall  each  receive  a  compensation  of  three  dollars  per  day, 
for  such  service. 

§64.  There   shall   be  one  clerk  in  this  bureau,   to  be^^gjj 
called  the    Clerk  to   the  Collector  of  City  Revenue,  who  Reyenue- 
shall  keep  the  accounts  of  this  bureau,  and  prepare  such 
papers  and  perform  such  other  duties  appertaining  thereto, 
as  shall  be  directed  by  the  Collector  of   City  Revenue, 
and  he  shall  receive  annually  for  his  services  twelve  hun- 
dred dollars,  payable  monthly. 


70  OF  THE  DEPARTMENT  OF  FINANCE. 

ciSk  °f  the  §  ^*  Before  entering  upon  the  duties  of  his  office,  the 
Clerk  to  the  Collector  of  the  City  Revenue  shall  execute 
a  bond  to  the  Corporation,  with  one  or  more  sureties,  to 
be  approved  by  the  Comptroller,  in  the  penal  sum  of  five 
thousand  dollars,  conditioned  for  the  faithful  performance 
of  the  duties  of  his  office. 

§  66.  There  shall  be  in  this  bureau,  six  assistants  to  the 
Collector  of  City  Revenue,  who  shall  be  called  Deputy 
Collectors  of  City  Revenue;  they  shall  collect  daily  the 
market  fees  and  rents  as  fixed  by  the  Superintendent  of 
Market  Rents  and  Fees,  which  shall  become  due  in  the 
respective  markets,  and  shall,  on  Thursday  in  each  week, 
render  an  account  thereof,  under  oath,  containing  the 
amounts  received,  and  when  paid,  and  shall  thereupon 
pay  over  the  amount  so  received  to  the  Collector  of  the 
City  Revenue,  and  shall  generally  perform  such  other 
duties  as  may  be  directed  by  the  Collector  of  City  Reve- 
nue; they  shall  also  respectively  receive  from  the  Collector 
of  City  Revenue,  a  voucher  for  the  payment  thereof, 
which  they  shall  forthwith,  on  the  same  day,  exhibit  to  the 
Comptroller,  and  shall,  at  the  same  time,  leave  with  him  a 
copy  thereof;  the  Deputy  Collectors  shall  receive  an  annual 
salary  of  one  thousand  dollars,  excepting  the  Deputy  Col- 
lectors of  Washington  and  Fulton  markets,  who  shall  re- 
ceive an  annual  salary  of  one  thousand  two  hundred  dol- 
lars each. 

§  67.  There  shall  be  two  additional  Deputy  Collectors 
of  City  Revenue,  who  shall  perform  all  the  duties  now 
prescribed  by  ordinance  of  the  Common  Council,  and  shall 
each  receive  the  sum  of  twelve  hundred  dollars  per  annum 
for  their  services. 

.     §  68.  The  Deputy  Collectors  of  City  Revenue,  shall  re- 
spectively, before  entering  upon  the  duties  of  their  office, 


OF   THE   DEPARTMENT   OP  FINANCE.  71 

execute  a  bond  to  the  Corporation,  with  one  or  more 
sureties,  to  be  approved  by  the  Comptroller,  in  the  penal 
sum  of  two  thousand  dollars. 

ARTICLE  VI. 

OF  THE  BUREAU  OF  RECEIVER  OF  TAXES. 

§  69.  The  provisions  of  the  act  of  April  18,  1843,  for  the  ?aTefr  °f 
collection  of  taxes  in  the  city  of  New  York,  and  of  the 
several  acts  amending  the  same,  shall  apply  to  and  govern 
the  Bureau  of  Taxes,  and  the  officers  thereby  created  shall 
continue  to  be  the  officers  of  this  bureau. 

§  70.  The  office  for  the  collection  of  taxes,  in  the  city  of  °Jcte  where 
New  York,  heretofore  established  by  the  Common  Coun- 
cil, in  pursuance  of  the  acts  mentioned  in  the  last  section, 
shall  continue  to  be  kept  in  the  City  Hall. 

§  71.  There  shall  be  six  Clerks  in  this  bureau,  who  shall  aerks- 
respectively  be  known  as  the  First,  Second,  Third,  Fourth, 
Fifth  and  Sixth  Clerks  to  the  Receiver  of  Taxes,  and  shall 
perform  such  services  as  may  be  assigned  them  respectively 
by  the  Receiver  of  Taxes. 


§  72.  The  Receiver  of  Taxes  may,  with  the  consent 
the  Common  Council,  from  time  to  time,  appoint  as  many 
additional  Clerks  as  may  be  necessary,  not  exceeding  eight, 
and  for  a  period  not  exceeding  six  months  from  the  date  of 
such  appointment,  at  a  rate  of  compensation  not  exceed- 
ing three  dollars  for  each  day. 

§  73.  There  shall  be  an  officer  in  this  bureau,  to  be  Messenger. 
called  the  Messenger  to  the  Receiver  of  Taxes,  who  shall 
serve  the  notices  required  by  law,  and  perform  such  other 
duties  as  may  be  directed  by  the  Receiver  of  Taxes. 


72  OF   THE    DEPARTMENT   OP   FINANCE. 

ARTICLE  VII. 

THE  BUREAU  OF  CLERK  OF  ARREARS. 

cier?o°fV  §74'  This  bureau>  the  chief  omcer  of  which  shall  be 
called  the  Clerk  of  Arrears,  is  charged  with  the  duty  of 
collecting  all  arrears  due  to  the  city  for  taxes  on  real 
estate,  and  assessments  on  the  same,  and  for  "regular 
rents  "  of  Croton  water,  which  have  been  returned  to  him, 
and  for  redemption  of  property  sold  or  leased  for  any 
arrears  on  the  same. 

Bond-  §  75.  The  Clerk  of  Arrears,  before  entering  upon  the 

duties  of  his  office,  shall  execute  a  bond  to  the  Corpora- 
tion, with  at  least  two  sureties,  to  be  approved  by  the 
Comptroller  and  filed  in  his  office,  in  the  penal  sum  of 
twenty  thousand  dollars,  conditioned  for  the  faithful  per- 
formance of  the  duties  of  his  office. 

Duties  of          §  76.  He  shall  enter  in  a  book,  to  be  provided  for  that 

Clerk  of  Ar- 
rears,         purpose,  and   open  at   all  convenient  times  to  the   public 

inspection,  the  names  of  all  persons  from  whom  he  may 
receive  money  for  the  Corporation;  the  amounts  received, 
on  what  specific  account,  and  when  paid,  and  shall  daily 
deposit  the  same  with  the  Chamberlain.  He  shall,  once 
in  each  week,  distribute  the  moneys  received  by  him  to 
the  several  appropriate  accounts,  and  rend'er  a  statement 
thereof,  under  oath,  to  the  Comptroller,  and  leave  with 
him  a  copy  of  the  receipt  of  the  Chamberlain  therefor. 

ibid.  §  77.  He  shall  keep  in  his  office,  an  exhibit  of  all  taxes 

on  real  estate,  and  of  regular  rents  of  Croton  water 
which  have  been  added  thereto,  remaining  unpaid,  which 
have  been  returned  to  him,  on  the  first  day  of  June,  in 
each  year;  also,  of  all  arrears  unpaid,  of  every  assessment 
which  has  been  due  twelve  months  or  over,  and  returned 
to  him. 


OF  THE  DEPARTMENT  OP  FINANCE. 

§  78.  He  shall  keep  a  record  of  the  titles  of  assessments  ^ 

confirmed,  with  the  date  of  confirmation,  and  date  of  entry, rear8- 
as  the  same  may  be  returned  to  him  by  the  Street  Com- 
missioner. 

§  79.  He  shall  perform  all  the  duties  heretofore  re-  in- 
quired by  law  to  be  performed  by  the  Street  Commissioner 
and  Comptroller,  in  relation  to  advertising,  selling  and 
leasing  for  assessments,  taxes  and  "  regular  rents "  of 
Croton  water,  and  the  redemption  of  property  sold  there- 
for, under  the  direction  of  the  Comptroller. 

§  80.  There  shall  be  five  clerks  in  the  Bureau  of  Arrears,  cierks  inBu- 
and  shall  respectively  be  known  as  the  First,  Second,  Third,  rears. 
Fourth  and  Fifth  Assistant  Clerks;  and  shall  perform  such 
duties  in  the  office  as  may  be  required  by  the  Clerk  of 
Arrears  or  the   Comptroller.     There  shall  also  be  a  Mes. 
senger,  who  shall  perform  such   duties  as  the    Clerk  of 
Arrears  shall  designate. 

§  81.  Each  of  the  Assistant  Clerks  shall  give  bond  to 
the  Corporation,  in  the  penal  sum  of  five  thousand  dollars, 
with  two  sufficient  sureties,  to  be  approved  by  the  Comp- 
troller, for  the  faithful  performance  of  their  duties. 

§  82.  The  compensation  of  the  Clerk  of  Arrears,  the 
Assistant  Clerks  and  the  Messenger  in  the  Bureau  of  Ar- 
rears, shall  be  respectively  at  the  rates  following,  viz: 
Clerk  of  Arrears,  two  thousand  dollars  per  annum;  First 
and  Second  Assistant  Clerks,  twelve  hundred  dollars  per 
annum;  Third,  Fourth  and  Fifth  Assistant  Clerks,  each 
one  thousand  dollars  per  annum;  and  Messenger,  eight 
hundred  dollars  per  annum. 

§  83.  There  shall  be  paid  to,  and  collected  by,  the  Clerk 
of  Arrears,  for  the  benefit  of  the  city  treasury,  on  his  fur- 


74  OF  THE  DEPARTMENT  OF  FINANCE. 

nishing  a  bill  of  arrears,  or  making  searches  upon  a  requi- 
sition for  searches  on  each  lot  or  piece  of  property  men- 
tioned or  referred  to  therein;  in  respect  to  Croton  water 
rents,  fifty  cents;  in  respect  to  taxes,  fifty  cents;  in  respect 
to  assessments,  fifty  cents,  and  for  his  certificate  upon  any 
such  bill  or  search,  when  requested,  ten  cents. 

8er?a?  AT-  §  84.  All  bills  for  arrears  of  assessments,  taxes  and 
"  regular  rents "  for  Croton  water,  and  for  redemption 
and  all  certificates  of  the  Clerk  of  Arrears,  that  no  liens 
remain  on  any  lot  for  which  search  has  been  required, 
shall  be  copied,  before  delivery,  into  a  diary  to  be  kept 
for  that  purpose,  which  copy,  after  having  been  compared 
with  the  original,  by  the  Clerk  of  Arrears,  shall  be  signed, 
respectively,  by  the  Clerk  making  the  search,  the  Clerk 
of  Arrears  and  the  Comptroller. 

ARTICLE   VIII. 

OF    THE     BUREAU    OF    DEPOSIT    AND     DISBURSEMENT. 

chamberlain  §  85«  This  Bureau,  tue  cnief  officer  of  which  shall  be 
called  the  Chamberlain  of  the  City  of  New  York,  is  charged 
with  the  duty  of  receiving  moneys  paid  into  the  treasury 
of  the  city,  and  the  payment  of  moneys  therefrom. 

Bond  of  &  86.  Before  entering  upon  the  duties  of  his  office,  the 

Chamberlain         ° 

Chamberlain  shall  execute  a  bond  to  the  Corporation, 
with  one  or  more  sureties,  to  be  approved  by  the  Comp- 
troller, in  the  penal  sum  of  two  hundred  thousand  dollars, 
conditioned  for  the  faithful  performance  of  the  duties  of 
his  office. 

§  87.  The  Chamberlain  shall  forthwith  deposit  all  mo- 
neys which  he  may,  from  time  to  time,  receive,  in  one  or 
more  of  the  banks  in  the  city  of  New  York,  and  credit 
the  same  to  the  appropriate  accounts,  and  the  various  ap- 
propriations. 


OF  THE  DEPARTMENT  OP  FINANCE.  75 


§  88.  He  shall,  on  Thursday  in  each  week,  report  to  the  ^ties  of 

Chamberlain 

Comptroller  the  amount  deposited  by  him,  as  required  by 
the  last  section;  the  persons  respectively,  from  whom  it 
was  received,  and  on  what  account,  and  the  bank  or  banks 
in  which  it  is  deposited,  and  to  what  account  credited. 

§  89.  He  shall,  on  the  first  Monday  in  January,  April,  n»<J- 
July  and  October,  in  each  year,  render  to  the  Comptroller 
an  account  current  of  the  moneys  received  and  paid  by 
him  on  account  of  the  Corporation,  during  the  preceding 
quarter,  and  at  the  same  time  deliver  to  the  Comptroller 
his  vouchers  for  the  same,  with  a  certificate  of  the  cashier 
of  the  bank  in  which  his  deposits  are  made,  showing  the 
amount  standing  to  the  credit  of  the  treasury,  and  of  the 
Commissioners  of  the  Sinking  Fund. 

§  90.  He  shall  not  pay  any  warrant  drawn  upon  the  iwd. 
treasury,  unless  it  be  drawn,  signed  and  countersigned,  as 
prescribed  by  section  15. 

§91.  No  money  received  by  the  Chamberlain,  on  ac-n»a- 
count  of  the  Corporation,  and  by  him  deposited  as  pre- 
scribed by  section  87,  shall  be  drawn  from  the  bank  or 
banks  in  which  it  is  deposited,  except  on  the  warrant  of 
the  Comptroller,  drawn,  signed  and  countersigned,  and 
containing  a  distinct  reference  to  the  appropriation  under 
which  it  is  drawn,  as  prescribed  in  section  15,  except 
where  otherwise  provided  by  law,  and  in  no  case  shall  the- 
Chamberlain  pay  any  warrant  drawn  on  him  without  hav- 
ing a  sufficient  sum  to  the  credit  of  such  appropriation  as 
the  warrant  designates. 

§  92.  The  Chamberlain  .may  employ  two  Clerks  in  this  aerks  °' 

J  Chamberlatn 

bureau,  to  be  denominated  First  and  Second  Clerks,  who 
shall  keep  the  accounts  of  this  bureau,  and  also  a  complete 
set  of  books,  showing  the  amounts  paid  on  account  of  the 


76  OP   THE   DEPARTMENT  OP  FINANCE. 

several  appropriations  according  to  the  provisions  of  the 
charter  and  this  ordinance.  The  First  Clerk  shall  receive 
for  his  services  fifteen  hundred  dollars  annually;  the  Second 
Clerk  shall  receive  for  his  services  twelve  hundred  dollars 
annually  ;  and  the  Chamberlain  shall  charge  the  same  in 
his  account  with  the  Corporation. 


ARTICLE  IX. 

OP   THE   AUDITING  BUREAU. 
EMjesofAu-        g  93>    TMg    fcureaUj    the    CQjef   officer    Qf 

called  "Auditor  of  Accounts,"  is  charged  with  the  duty 
of  revising,  auditing  and  settling  all  accounts  in  which 
the  city  is  concerned,  as  debtor  or  creditor;  and  the 
Auditor  of  Accounts  shall  keep  an  account  of  each  claim 
for  or  against1  the  Corporation,  and  the  sums  allowed 
upon  each,  and  certify  the  same,  with  reasons  therefor,  to 
the  Comptroller. 

Ibld-  §  94.  He  shall,  once  in  ninety  days,  make  out  a  list  of 

the  names,  and  his  decision  on  each  claim  referred  to  in 
the  preceding  section,  to  accompany  the  report  to  the 
Common  Council,  which  the  Comptroller  is  required  to 
make,  with  his  final  action  thereon. 

Ti>w-  §  95.  He  shall  prepare  warrants  on  the  treasury,  as  pro- 

vided by  this  ordinance;  and,  after  obtaining  the  approval 
of  the  Comptroller  to  the  audit  of  the  claim,  and  his  signa- 
ture to  the  warrant,  shall  cause  the  same  to  be  presented, 
with  the  vouchers,  to  the  Mayor  and  Clerk,  for  their 
signatures,  respectively. 


§  96-  Tnere  snaU  ke  two  Assistant  Auditors,  who  shall 
perform  the  duties  prescribed  by  the  next  section  of  these 
ordinances,  in  relation  to  the  Finance  Department,  and 


OF  THE  DEPARTMENT  OF  FINANCE.  77 

such  other  services  as  may  be  required  of  them,  as  assist- 
ants to  the  Auditor  of  Accounts. 

§  97.  The  Assistant  Auditors  shall  have  charge  of,  and 
make  all  entries  in  the  proper  books,  showing  the  receipts  duties 
and  expenditures  in  relation  to  assessments  for  opening, 
regulating  and  paving  streets,  building  and  repairing 
wharves  and  piers,  digging  and  building  wells,  construct- 
ing public  roads,  when  done  by  assessment,  and  filling  up. 
sunken  lots,  under  ordinances  of  the  Common  Council. 
They  shall  also  have  charge  of  the  books  in  reference  to 
intestate  estates,  and  shall  file  all  returns,  documents  and 
vouchers  appertaining  to  the  Department  of  Finance,  and 
shall  perform  such  other  duties  as  may  be  directed  by  the 
Comptroller. 


78  OP  THE  STREET   DEPARTMENT. 

CHAPTER   IV. 

OF  THE  STREET  DEPARTMENT. 

ARTICLE  I. — OF  THE  STREET  DEPARTMENT  AND  ITS  BUREAUX 

GENERALLY. 

II. — OF  THE  STREET  COMMISSIONER. 
III. — OF  THE  DEPUTY  STREET  COMMISSIONER, 
IV. — OF  THE  CLERKS  IN  THE  OFFICE  OF  THE  STREET 

COMMISSIONER. 

V. — OF  THE  BUREAU  OF  STREET  IMPROVEMENTS. 
VI. — OF  THE  BUREAU  OF  WHARVES. 
VII. — OF  THE  BUREAU  OF  EOADS. 
VIII. — OF  THE  BUREAU  OF  LANDS  AND  PLACES. 
IX. — OF  THE  BUREAU  OF  LAMPS  AND  G-AS. 
X. — OF  THE  BUREAU  OF  KEPAIRS  AND  SUPPLIES. 
XI. — OF  THE  DEPUTY  SUPERINTENDENT  OF  REPAIRS 

AND  SUPPLIES. 
XII. — OF  THE  BUREAU  OF  THE  CHIEF  ENGINEER  OF 

THE  FIRE  DEPARTMENT. 

XIII. — OF  THE  BUREAU  OF  COLLECTION  OF  ASSESS- 
MENTS. 
XIV. — OF  SURVEYING. 

ARTICLE  I. 

OF  THE  STREET  DEPARTMENT  AND  ITS  BUREAUX  GENERALLY. 

nfzancesC°of  §  ^*  ^ne  Street  Department  shall  have  cognizance  of 
opening,  altering,  regulating,  grading,  flagging,  curbing, 
guttering  and  lighting  streets,  roads,  places  and  avenues; 
of  building,  repairing  and  lighting  wharves  and  piers,  and 
filling  up  and  cleaning  out  slips  and  basins;  the  construc- 
tion and  repairing  of  public  roads;  the  care  and  improve- 
ment of  public  lands  and  places;  the  filling  up  of  sunken 


OP   THE   STREET   DEPARTMENT.  79 

lots;  the  construction,  repairing,  lighting  and  care  of  the 
buildings,  offices,  rooms  and  public  yards  of  the  Corpora- 
tion; the  supplying  the  public  buildings  and  offices  and 
rooms  of  the  Corporation,  the  court-rooms  for  which  sup- 
plies are  furnished  by  the  Corporation,  the  police  station- 
houses,  the  engine  and  other  houses  of  the  Fire  Depart- 
ment, and  the  public  markets,  with  fuel,  stationery,  printing 
and  all  other  things  necessary  therefor;  the  construction, 
altering  and  repairing  of  fire  engines,  hose,  and  all  other 
machines  and  apparatus  for  the  use  of  the  Fire  Department; 
the  removing  incumbrances  from  streets,  roads,  places, 
wharves,  piers  and  slips;  the  doing  and  furnishing  of  all 
other  necessary  work,  repairs  and  supplies  not  provided 
for  in  other  departments;  and  the  collecting  of  all  assess- 
ments. 

§  2.  There  shall  be  eight  bureaux  in  the  Street  Depart-  Bureaux, 
ment,  viz : 

1.  A  bureau  for  opening,  altering,  regulating,  grading, 

flagging,  curbing  and  guttering  streets,  roads, 
places  and  avenues,  and  for  filling  up  sunken  lots, 
to  be  called  the  "Bureau  of  Street  Improvements." 

2.  A  bureau  for  the  construction,  repairing  .and  care 

of  the  public  wharves  and  piers,  and  the  filling 
up  and  clearing  out  of  slips  and  basins,  to  be 
called  the  "  Bureau  of  Wharves." 

3.  A  bureau  for  making  and  repairing   the  public 

roads,  to  be  called  the  "  Bureau  of  Roads." 

4.  A  bureau  for  the  care  and  regulation  of  the  public 

grounds  and  parks,  to  be  called  the  "  Bureau  of 
Lands  and  Places." 

5.  A  bureau  for  lighting  the  public  streets,  roads,  pla- 

ces, avenues,  wharves,  piers  and  markets,  and  for 


80  OP  THE  STREET  DEPARTMENT. 

doing  all  work,  and  procuring  all  supplies  and 
fixtures  necessary  for  that  purpose,  to  be  called 
the  "  Bureau  of  Lamps  and  Gas." 

6.  A  bureau  for  constructing  and  repairing  public  build- 

ings, and  for  procuring  all  necessary  supplies  for 
the    Corporation,  to  be  called  the   "Bureau  of" 
Repairs  and  Supplies." 

7.  A  bureau  for  repairing  fire  engines  and  fire  appa- 

ratus, under  the  charge  of  the  Chief  Engineer  of 
the  Fire  Department,  and  for  the  construction  of 
all  new  fire  engines  and  fire  apparatus,  to  be 
called  the  "  Bureau  of  the  Chief  Engineer  of  the 
Fire  Department." 

8.  A  bureau  for  the  collection  of  assessments,  to  be 

called  the  "  Bureau  of  the  Collection  of  Assess- 
ments." 

ARTICLE  II. 

OP   THE   STREET   COMMISSIONER. 

"  §  3-  The  cllief  om<cer  of  tne  Street  Department  shall  be 
denominated  the  "  Street  Commissioner,"  who  shall  have 
general  charge  and  direction  of  all  matters  entrusted  to 
the  Stre'et  Department.  He  shall,  by  virtue  of  his  office, 
be  one  of  the  Surveyors  of  the  city  of  New  York. 


fSect°come  §  ^'  ^ae  Street  Commissioner,  before  entering  upon  the 
(juties  of  his  office,  shall  execute  a  bond  to  the  Corpora- 
tion, with  at  least  two  sureties,  to  be  approved  by  the 
Mayor,  and  filed  in  the  office  of  the  Comptroller,  in  the 
penal  sum  of  ten  thousand  dollars,  conditioned  for  the 
faithful  performance  of  the  duties  of  his  office. 


Dreet°ctane      §  ^'  "^  con^rac^s  f°r  work,  materials  or  supplies,  re- 
mission*-,     lating  to  any  of  the  matters  under  the  cognizance  of  the 


OF   THE   STREET  DEPARTMENT.  81 

Street  Department,  shall  be  made  by  the  Street  Commis- 
sioner, and  bonds,  to  be  approved  by  th'e  Comptroller, 
shall  be  taken  for  the  faithful  performance  thereof  ;  all 
such  contracts  shall  be  executed  in  triplicate,  by  the  Street 
Commissioner,  on  the  part  of  the  Corporation,  and  by  the 
contractor.  One  original  copy,  so  executed,  shall  be  kept 
and  filed  in  the  office  of  the  Street  Commissioner;  one 
shall  be  filed  in  the  office  of  the  Comptroller,  and  the 
third  shall  be  given  to  the  contractor. 

§  6.  No  expenditure  shall  be  made  for  any  work  or  sup-  Woric  &  sup- 
plies relating  to  any  of  the  matters  within  the  cognizance  street  uni>er 
of  the  Street  Department,  unless  such  work  or  supplies  pa 
shall  have  been  authorized  by  the  Common  Council,  except 
that  whenever  any  such  work   or  supplies  shall  be  neces- 
sary, and  the  total  cost  thereof  shall  not,  in  any  one  case, 
exceed   two  hundred  and  fifty  dollars,  the  Street  Com- 
missioner may  cause  the  same  to  be  done,  or  furnished, 
under  the   supervision  of  the  appropriate   officer   of  the 
department;  but  no  such  expenditure  shall  be  made,  with- 
out the  written  order  of  the  Street  Commissioner,  and  a 
certificate  by  him,  of  the  necessity  thereof,  in  each  case; 
and  a  copy  of  all  such  orders  and  certificates  shall  be  filed 
in  the  office  of  the  Street  Commissioner,  and  of  the  bureau 
by  which  the  expenditure  is  made.     A  detailed  statement  . 
of  all  such  expenditures  shall  be  made  quarterly  to  the 
Common  Council. 


§  7.  No  payment  shall  be  made  on  any  work  or  j 
done  by  contract,  for  any  extra  work  thereon  not  specified 
in  the  contract,  unless  such  extra  work  shall  have  been 
done  by  the  written  order  of  the  Street  Commissioner, 
directing  the  same,  and  stating  that  such  work  is  not  in- 
cluded in  the  contract,  nor  until  the  Street  Commissioner 
shall  have  communicated  the  facts  in  the  case  to  the  Com- 


82  OF   THE   STREET    DEPARTMENT. 

mon  Council.  And  no  such  expenditure  shall,  in  any 
case,  be  made,  the  total  amount  of  which,  on  any  one 
work,  shall  exceed  two  hundred  and  fifty  dollars,  unless 
the  same  be  authorized  by  the  Common  Council. 

under  §  ^*  ^^  moneys  payable  by  the  Corporation,  for  work 
De  done,  or  supplies  furnished,  by  contract  or  otherwise, 
under  the  Street  Department,  shall  be  paid  by  the  Comp- 
troller, by  warrant  drawn  in  favor  of  the  person  or  per- 
sons to  whom  payments  are  due,  except  as  provided  in 
section  23  of  this  chapter,  and  except  that  in  the  case  of  a 
pay-roll  for  labor  performed,  under  the  supervision  of  the 
Street  Department,  the  Comptroller  may  draw  a  warrant 
for  the  total  amount  of  such  pay-roll,  in  favor  of  the 
Chamberlain,  who  shall  make  the  payments  therein  specified. 

§  9.  No  payments  shall  be  made  for  any  work  or  sup- 
plies. within  the  cognizance  of  the  Street  Department,  ex- 
cept upon  the  requisition  of  the  Street  Commissioner, 
upon  triplicate  vouchers  duly  certified.  Receipts  shall  be 
taken  upon  each  of  such  vouchers,  at  the  time  of  payment, 
one  of  which  shall  be  filed  in  the  office  of  the  Comptroller, 
one  in  the  office  of  the  Street  Commissioner,  and  one  in 
the  office  of  the  bureau  under  whose  superintendence  the  ex- 
penditure was  incurred. 


street  °a>m-  §  10-  The  Street  Commissioner  shall,  when  required  by 
Qer'  the  Common  Council,  inquire  into  and  report  upon  any  of 
the  matters  within  the  cognizance  of  the  Street  Depart- 
ment; and  shall,  from  time  to  time,  communicate  to  the 
Common  Council  any  information  or  suggestion  which  he 
may  deem  important  in  relation  thereto. 

1514  •  §  11.  He  shall  issue  proposals,  and  advertise  for  bids  for 

all  contracts  connected  with  his  department;  and  when- 
ever a  survey  or  plans  shall  be   necessary  for  any  work 


OF   THE   STREET   DEPARTMENT.  83 

Authorized  by  the  Common  Council,  or  for  the  purpose  of 
reporting  any  necessary  information  to  the  Common  Coun- 
cil, he  shall  cause  such  survey  or  plans  to  be  made  by  a 
competent  surveyor,  architect  or  engineer,  as  the  nature 
of  the  work  may  require. 

§  12.  He  shall  control  and  direct  all  expenditures  toj^*0^0 
be  made  by  the  Street  Department;  shall  countersign  and  missioner- 
draw  his  requisition  upon  the  Comptroller  for  the  pay- 
ment of  all  bills  and  accounts  therefor,  which,  in  his  judg- 
ment are  correct,  and  which  may  be  duly  certified  by  the 
superintendent  of  the  bureau  under  whose  supervision  the 
expenditure  was  incurred;  except  that  all  bills  and  ac- 
counts for  expenditures  under  the  supervision  of  the 
Deputy  Superintendent  of  Repairs  and  Supplies  shall  be 
certified  by  him;  and  no  requisition  shall  be  drawn  by 
the  Street  Commissioner  for  the  payment  of  any  bills  or 
accounts  until  the  same  shall  have  been  duly  certified  as 
aforesaid,  or  if  not  so  certified,  until  the  facts  in  the  case 
shall  have  been  communicated  to  the  Common  Council, 
except  that  the  bills  and  accounts  for  expenditures  for  the 
removal  of  incumbrances,  or  for  other  expenditures  au- 
thorized by  ordinance  but  not  under  the  immediate  super- 
vision of  any  bureau  of  the  Street  Department,  shall  be 
certified  by  the  Street  Commissioner. 

§  13.  He  shall,  on  the  first  Tuesday  in  each  month,  ren-  iwd- 
der  to  the  Comptroller  a  lull  statement,  under  oath,  of  all 
the  moneys  paid  by  him  on  account  of  the  Street  Depart- 
ment. 

§  14,  The  Street  Commissioner  shall  present  and  report  ibid. 
to    the    Counsel  or    Attorney    of    Corporation,   all    en- 
croachments on  the  streets  or  avenues  in  the  city  of  New 
York  which  may  be  brought  to  his  notice,  or  take  such 


84  OP  THE  STREET  DEPAKTMENT. 

other  action  thereon  as  may  be  prescribed  by  ordinance 
in  relation  thereto. 


inspectors  of  §  15.  He  shall  appoint  a  competent  inspector  of  contract 
work.  work  connected  with  his  department,  in  all  cases  where 
he  may  deem  the  public  interests  require  such  inspector,  or 
the  Common  Council  shall  direct  the  same.  Each  inspec- 
tor so  appointed  shall  receive  as  compensation  for  his  ser- 
vices a  sum  not  to  exceed  two  dollars  per  day;  and  in  all 
cases  where  an  assessment  shall  be  levied  for  any  improve- 
ment, the  amount  paid  for  inspection  on  any  contract 
work  connected  therewith  shall  be  assessed  and  collected, 
with  the  other  expenses  of  such  improvements,  except 
where  the  inspectors'  wages  are  legally  chargeable  to  the 
contractor. 

street  ^       §  16.  In  all  cases  where  provision  is  made  by  ordinance 
missioner.     fo&t  the  consent  Of  the  Street  Commissioner  may  be  ob- 
tained to  authorize  any  act  to  be  done,  he  may  grant  per- 
mits therefor,  subject  to  the  restrictions  of  the  ordinances 
in  relation  thereto. 

n>id-  §  17.  The   Street    Commissioner   shall  report    to    the 

Common  Council  all  assessments  made  against  the  Corpo- 
ration, or  awards  for  any  proposed  opening  or  widening 
of  any  street  or  avenue,  with  the  amount  of  such  assess- 
ment or  award  in  each  case,  and  the  circumstances  con- 
nected therewith. 

Ibid-  §  18.  He  shall  cause  such  books  and  accounts  to  be  kept 

in  the  Street  Department,  and  in  the  several  bureaux 
thereof,  as  may  be  necessary  at  all  times  to  exhibit  a  full 
and  complete  record  of  all  ,the  transactions  and  expendi- 
tures of  the  department. 

md-  §  19.  He  shall  cause  to  be  entered  in  books,  to  be  pro- 

vided for  the  purpose,  and  kept  in  his  office,  open  at  all 


OF  THE  STREET  DEPARTMENT.  85 

convenient  times  to  public  inspection,  the  names  of  all 
persons  from  whom  he  may  receive  money  for  the  Cor- 
poration on  trust  account,  or  otherwise;  the  amounts  re- 
ceived, on  what  account,  and  when  paid;  and  shall  render 
a  certified  account  thereof,  under  oath,  item  by  item,  to 
the  Comptroller,  on  Thursday  of  each  week,  and  shall 
thereupon  pay  over  the  amount  so  received  to  the  Cham- 
berlain. He  shall  thereupon  receive,  from  the  Chamber- 
lain duplicate  vouchers  for  the  payment  thereof,  one  of 
which  he  shall,  on  the  same  d ay >  file  in  the  office  of  the 
Comptroller. 

§  20.  He  shall  make  to  the  Common  Council,   on  the  Duties  of  tho 
first  meeting  in  the  months  of  January,  April,  July  and  mSoBer.m 
October,  a  detailed  statement  of  all  the  expenditures  of 
the  Street  Department,  on  all  work  or  supplies  done  or 
furnished  by  contract  or  otherwise. 

§  21.  He  may  direct  the  removal  of  any  article  or  thing  Removal  of 
whatsoever  which  may  encumber  or  obstruct  a  street  or  ces. 
avenue,  wharf  or  pier,  in  the  city  of  New  York,  under  the 
penalties  prescribed  by  law. 

§  22.  He  is  hereby  authorized  and  directed  to  employ,  iw<i. 
under  his  direction,  four  competent  persons,  at  a  salary  of 
three  dollars  per  diem,  the  duty  of  two  of  whom  it  shall 
be  to  report  to  the  Street  Commissioner  any  article  or 
thing  whatsoever  which  may  encumber  or  obstruct  a  street, 
avenue  or  place,  and,  with  his  consent,  to  order  the  same 
to  be  removed;  and,  if  not  removed  within  twenty-four 
hours  thereafter,  to  order  the  same  to  be  removed  to  the 
yard,  under  the  care  of  the  Deputy  Superintendent 'of 
Repairs  and  Supplies,  or  other  suitable  place. 

It  shall  be  the  duty  of  the  other  two  persons  to  report 
to  the  Street  Commissioner  any   article  or  thing  whatso- 


86  OF   THE   STREET   DEPARTMENT, 

ever  which  may  encumber  or  obstruct  any  wharf,  pier  or 
slip,  and,  with  his  consent,  to  order  the  same  to  be  re- 
moved; and  if  not  removed  within  twenty-four  hours  there- 
after, to  cause  the  same  to  be  removed  to  the  yard,  under 
the  care  of  the  Deputy  Superintendent  of  Repairs  and 
Supplies,  or  other  suitable  place. 

And  in  case  there  shall  be  placed  in  any  slip  any  per- 
manent obstruction,  without  due"  authority,  and  the  same 
shall  not  be  removed  within  one  week  after  notice  to  re- 
move the  same  shall  be  given  to  the  owner  or  occupant 
thereof,  or  shall  have  been  posted  conspicuously  thereon, 
the  Street  Commissioner  may  cause  the  same  to  be  re- 
moved, and  after  advertisement  of  ten  days,  sell  the  mate- 
rials so  removed  at  public  auction,  unless  the  expenses  of 
such  removal  shall  have  been  previously  repaid;  and  he 
shall  account  for  and  pay  over  the  proceeds  of  such  sales, 
as  provided  in  sections  27  and  28  of  this  chapter. 

Expenses,         §  23.  For  the  purpose  of  defraying  any  expense  which 

&ow  defray- 

cd-  may  be  incurred  in  pursuance  of  the  last  section,  or  such 

other  minor  incidental  expenses  of  the  department  as  can- 
not be  conveniently  accounted  for  on  separate  vouchers, 
the  Street  Commissioner  may,  by  a  requisition,  draw  upon 
the  Comptroller  for  a  sum  not  exceeding  one  hundred 
dollars. 

He  may,  in  like  manner,  renew  the  draft  as  often  as 
may  be-  necessary;  but  no  such  renewal  shall  be  made 
until  the  money  paid  upon  the  previous  draft  shall  be 
accounted  for  to  the  Comptroller  by  satisfactory  vouchers 
for  the  expenditure  of  the  money  paid  thereon. 

IWd-  §  24.  When  a  draft  shall  be  made  upon  the  Comptrol- 

ler, in  conformity  with  the  last  section,  he  shall  draw  his 
warrant  in  favor  of  the  Street  Commissioner,  for  the 
amount  thereof. 


OP   THE  STREET  DEPARTMENT.  87 

§  25.  All  articles  removed,  as  provided  in  section  22  O^ 
this  chapter,  may  be  redeemed  by  the  owner,  upon  his  pay- ces- 
ing  to  the  Street  Commissioner,  for  the  use  of  the  Corpo- 
ration, the  necessary  expenses  of  removal,  together  with 
six  cents,  per  day  for  every  cart-load  thereof,  during  the 
time  it  shall  remain  unclaimed. 

§  26.  The  Street  Commissioner  shall  enter  in  a  book,  ibid. 
to  be  provided  for  tnat  purpose,  a  list  of  all  articles  so 
removed,  with  the  time  of  removal  and  the  expenses 
thereof ;  and  when  the  same  shall  be  redeemed,  he  shall 
likewise  enter  therein  the  name  of  the  person  redeeming 
the  same,  and  the  amount  received  therefor,  and  shall 
render  a  certified  account  thereof  to  the  Comptroller,  on 
Thursday  of  each  weerffend  shall  thereupon  pay  over  the 
amount  so  received  to  the  Chamberlain.  He  shall  also 
thereupon  receive  from  the  Chamberlain  duplicate  vouchers 
for  the  payment  thereof,  one  of  which  he  shall,  on  the 
same  day,  file  in  the  office  of  the  Comptroller. 

§  27.  He  shall,  between  the  first  and  tenth  days  of  iwd. 
February,  May,  August  and  November,  in  each  year,  ad- 
vertise and  sell  at  public  auction  all  such  articles  so  re- 
moved as  shall  have  been  in  the  public  yard,  or  other 
suitable  place,  one  month  prior  to  the  time  of  advertising; 
and  he  shall,  immediately  after  such  sale,  account  for  and 
pay  the  proceeds  thereof  into  the  city  treasury,  in  the 
manner  provided  in  the  last  section. 

§  28.  Should  the  proceeds  of  such  sale  exceed  the  ex-  raa. 
penses  of  transportation  and  sale,  together  with  the 
amount  charged  for  storage,  the  excess  shall  be  paid  to 
such  person  or  persons  as  shall  exhibit  to  the  Street  Com- 
missioner satisfactory  proof  of  the  ownership  of  the 
articles  to  which  the  same  relates;  and  the  Comptroller, 


88  OP  THE  STREET  DEPARTMENT. 

on  the  certificate  of  the  Street  Commissioner,  is  authorized 
to  draw  his  warrant  in  favor  of  such  person,  for  the 
amount  which  may  be  due  to  them  . 

public  clocks  §  29.  The  Street  Commissioner  shall  also  appoint  a 
suitable  person,  at  the  salary  of  five  hundred  dollars  per 
year,  whose  duty  it  shall  be  to  attend  to  and  regulate  the 
public  clocks. 

mcntrtio°fnAs-  §  30.  The  Street  Commissioner,  in  all  cases  of  assess- 
sessmonts.  men^s  wiicre  ail  aggregate  sum  is  assessed  upon  any  num- 
ber of  lots  belonging  to  several  owners,  shall  cause  ap- 
portionments to  be  made  among  the  lots,  as  they  may 
be  respectively  owned;  provided  that,  in  the  judgment  of 
the  said  Street  Commissioner,  no  difficulty  is  presented, 
requiring  the  intervention  of  the  Common  Council;  but 
no  apportionment  made  by  the  Street  Commissioner  shall 
be  valid,  until  the  same  shall  be  communicated  to  the  Com- 
mon Council,  and  entered  in  a  book  to  be  kept  for  that 
purpose  in  the  Bureau  of  Collection  of  Assessments. 

ARTICLE  IIL 

OP   THE   DEPUTY   STREET   COMMISSIONER. 

s?reeetDccoUmy      §  3L  There  slia11  be  an  officer  in  the  Sfcreet  Department 


who  s}igill  ^Q  CQlled  tho  j)eputy  Strcet  Commissioner. 

*°**-  §  32.  The  Deputy  Street  Commissioner  shall,  before  en- 

tering upon  the  duties  of  his  office,  execute  a  bond  to 
the  Corporation,  with  one  or  more  sureties,  to  be  approved 
by  the  Comptroller,  in  the  penal  sum  of  five  thousand 
dollars,  conditioned  for  the  faithful  performance  of  the 
duties  of  his  office. 

His  duties  §  33.  He  shall  assist  the  Street  Commissioner  in  the  per- 
formance of  the  duties  appertaining  to  his  office,  and  shall 
be  competent,  under  the  direction  and  by  the  authority  of 


OF  THE  STREET  DEPARTMENT.  89 

the  Street  Commissioner,  to  perform  any  of  the  duties 
assigned  by  this  ordinance  to  the  Street  Commissioner, 
except  to  sign  contracts  and  requisitions  on  the  Comp- 
troller. And  in  case  of  the  absence  of  the  Street  Com- 
missioner, by  reason  of  sickness  or  other  cause,  from  the 
office  for  more  than  one  day  at  any  one  time,  the  Deputy 
shall  act  as  Street  Commissioner  during  such  absence; 
and  in  case  of  a  vacancy  in  the  office  of  Street  Commis- 
sioner, the  Deputy  shall  act  as  Street  Commissioner,  until 
the  vacancy  shall  be  supplied  by  a  new  appointment,  and 
until  the  person  appointed  shall  be  duly  qualified. 

ARTICLE  IT. 

OF  THE  CLERKS  IN  THE  OFFICE  OF  THE  STREET  COMMISSIONER. 

§  34.  There  shall  be  ten  clerks  in  the  office  of  the  Street 
Commissioner,  viz  :  one  Chief  Clerk,  one  Contract  Clerk,  ^ 
two  Book-keepers,  one  Map  Clerk,  and  five  general  clerks. 

§  35.  The  Chief  Clerk  shall,  under  the  Street  Commis-  chief  aerk 
sioner,  have  general  charge  of  the  papers  and  records  of 
the  office,  and  shall  perform  such  duties  appertaining  to 
the  Street  Department  as  may  be  assigned  to  him  by  the 
Street  Commissioner.  He  shall  be  paid  monthly  for  his 
services  at  the  rate  of  two  thousand  dollars  per  annum. 

§  36.  The  Contract  Clerk  shall  prepare  all  contracts  for  contract 
work  done  under  the  authority  of  the  Street  Department,  C1 
and  shall  keep,  in  books  to  be  provided  for  that  purpose, 
suitable  records  thereof,  and  shall  enter  on  the  original 
contract  all  payments  made  on  any  contract  under  the 
Street  Department,  and  shall  perform  such  other  duties  as 
may  be  directed  by  the  Street  Commissioner.     He  shall 
be  paid  monthly  for  his  services  at  the  rate  of  two  thou- 
sand dollars  per  annum, 

7 


90  OF   THE   STREET   DEPARTMENT. 

Bookkeepers  §  37.  The  Book-keepers  shall  have  charge  of  the  books 
of  account  of  the  Street  Department,  under  the  direction 
of  the  Street  Commissioner,  and  shall  perform  such  other 
services  appertaining  to  the  Street  Department,  as  may  be 
required  by  him.  They  shall  be  paid  monthly  for  their 
services  ;  theFirst  Book-keeper  at  the  rate  of  two  thousand 
dollars  per  annum,  and  the  Second  Book-keeper  at  the  rate 
of  one  thousand  five  hundred  dollars  per  annum. 

Map  cierk.  §  33.  The  Map  Clerk  shall  have  charge  of  the  maps, 
plans  and  profiles  belonging  to  the  Street  Department 
and  shall  perform  such  other  duties  as  may  be  required  by 
the  Street  Commissioner,  and  shall  be  paid  for  his  services 
monthly  at  the  rate  of  twelve  hundred  dollars  per  annum. 

^nerai  §  39.  The  General  Clerks   shall   perform   such   services 

appertaining  to  the  Street  Department  as  may  be  required 
by  the  Street  Commissioner,  and  shall  be  paid  monthly 
for  their  services  at  the  following  rates  of  compensation, 
viz  :  one  at  the  rate  of  one  thousand  five  hundred  dollars 
per  annum  ;  two  at  the  rate  of  one  thousand  two  hundred 
dollars  each  per  annum,  and  two  at  the  rate  of  one  thou- 
sand dollars  each  per  annum. 

Messengers.  §  40.  There  shall  be  in  the  office  of  the  Street  Commis- 
sioner one  Messenger  and  two  Assistant  Messengers,  who 
shall  perform  such  duties  appertaining  to  the  Street  De- 
partment, as  may  be  required  by  the  Street  Commissioner. 
The  Messengers  shall  be  paid  monthly  for  their  services 
at  the  following  rates,  viz:  the  Messenger  at  the  rate  of 
one  thousand  dollars  per  annum;  one  Assistant  Messenger 
at  the  rate  of  seven  hundred  and  fifty  dollars  per  annum, 
and  one  Assistant  Messenger  at  the  rate  of  five  hundred 
dollars  per  annum. 


OF   THE   STEEET   DEPARTMENT.  91 

ARTICLE  V. 

OF   THE  BUREAU   OF  STREET  IMPROVEMENTS. 

§41.  This  bureau,   the   chief  officer  of  which    shall  be  superintend- 
denominated  the  "  Superintendent  of  Street  Improvements," 


shall  have  charge  of  the  opening,  altering,  regulating, 
grading,  flagging,  curbing  and  guttering  of  streets  and 
avenues,  and  the  filling  up  of  sunken  lots.  He  shall  re- 
ceive payment  monthly  for  his  services  at  the  rate  of  two 
thousand  dollars  per  annum. 

§  42.  The  Superintendent  of  Street  Improvements,  shall,  HIS  Bond. 
before  entering  upon  the  duties  of  his  office,  execute 
a  bond  to  the  Corporation,  with  one  or  more  sureties,  to 
be  approved  by  the  Comptroller,  in  the  penal  sum  of  two 
thousand  dollars,  conditioned  for  the  faithful  performance 
of  the  duties  of  his  office. 

§  43.  He  shall  take  charge  of  the  making  of  all  estimates  Duties  of  su- 

permtendent 

and  surveys  connected  with  the  opening,  altering,  regulat- 
ing,  grading,  flagging,  curbing  and  guttering  streets  and 
avenues,  and  the  filling  up  of  sunken  lots,  and  oversee  and 
superintend  the  execution  of  all  ordinances  of  the  Common 
Council,  and  of  all  contracts  relative  thereto. 

§  44.  He  shall  cause  to  be  kept  in  his  bureau  accounts  Ibid- 
of  the  time  of  all  persons  to  be  paid  by  wages  for  work 
under  the  supervision  of  his  bureau,  and  of  the  work 
upon  which  they  are  engaged,  and  of  all  other  expendi- 
tures of  his  bureau,  and  of  the  expense  of  each  particular 
work  or  job  with  the  items  thereof. 

§  45.  He  shall  examine  and  audit  all  pay-rolls  and  all  ibid. 
accounts  for  work  done  or  materials  furnished  under  the 
supervision  of  his  bureau,  and  if  found  correct,  shall  cer- 
tify them  in  writing,  and  shall  deliver  them  with  proper 
vouchers  to  the  Street  Commissioner;  and  in  all  cases  of 


92  OF   THE   STREET   DEPARTMENT. 

contract  work  under  his  supervision,  he  shall  examine 
and  inspect  4he  works,  from  time  to  time,  and  report  to 
the  Street  Commissioner  as  to  the  fulfillment  or  breach 
of  the  contract  therefor;  and  he  shall  certify  on  every 
voucher  for  payment  thereon,  that  such  payment  is  due  in 
accordance  with  the  terms  of  the  contract. 

Duties  or  su-      §  4gt  ne  shall  in  all  matters  connected  with  his  bureau, 

permtenuont         ° 

^e  un(ler  the  control,  direction  and  supervision  of  the 
Street  Commissioner,  who  may  approve  or  disapprove  all 
accounts  certified  by  him,  and  by  whom  alone  all  requisi- 
tions upon  the  Comptroller,  for  payment  thereof,  shall 
be  drawn. 

BU-      §47.  There  shall   be   four    Clerks   in   this  bureau,  to 

reau  of  Street 

S2ST6"  be  called  the  First,  Second,  Third  and  Fourth  Clerks  to 
the  Superintendent  of  Street  Improvements,  who  shall 
keep  the  accounts  of  this  bureau,  and  prepare  such  papers 
and  perform  such  other  duties  appertaining  thereto  as  shall 
be  directed  by  the  Superintendent  of  Street  Improvements. 
They  shall  be  paid  monthly  at  the  following  rates  :  the 
First  Clerk  at  the  rate  of  one  thousand  five  hundred 
dollars  per  annum  ;  the  Second  Clerk  at  the  rate  of  one 
thousand  two  hundred  dollars  per  annum,  and  the  Third 
and  Fourth  Clerks  each  at  the  rate  of  one  thousand  dol- 
lars per  annum. 

inspector  of  §  48.  The  Street  Commissioner  shall  appoint  in  this 
bureau  a  suitable  person  to  act  as  Inspector  of  Sidewalks, 
and  whose  duty  it  shall  be  to  perform,  under  the  super- 
vision of  the  Superintendent  of  Street  Improvements,  all 
the  duties  now  prescribed  by  ordinance  of  the  Common 
Council  for  the  Inspector  of  Sidewalks,  and  who  shall 
receive  the  same  compensation  as  now  allowed  to  said 
inspector.  He  shall  also,  in  addition  to  the  duties  now 
prescribed  by  ordinance,  attend  to  the  numbering  and  re- 


OF   THE  STREET  DEPARTMENT.  9 

numbering  of  streets  and  avenues  and  places,  and  the  put- 
ting up  of  Street  signs,  under  the  direction  of  the  Super- 
intendent of  Street  Improvements. 

§  49.  The  Superintendent  of  Street  Improvements  is 
specially  charged  with  the  duty  of  attending  to  the  en- 
forcement of  all  laws  of  this  state,  and  ordinances  and 
resolutions  of  the  Common  Council,  relating  to  the  sub- 
jects enumerated  in  sections  41  to  48  inclusive  of  this 
chapter,  and  is  required,  from  time  to  time,  to  report  to  the 
Corporation  Attorney  all  violations  thereof. 

ARTICLE  VI. 

OF   THE   BUREAU   OF   WHARVES. 

§  50.  This  bureau,  the  chief  officer  of  which  shall  be  superinten- 

dent of 
called  the  Superintendent  of  Wharves,  is  charged  with  the  wharves. 

duty  of  inspecting  the  condition  of  the  public  wharves  and 
piers,  and  superintending  the  erection  and  repairing  of  the 
same,  and  the  filling  up  and  cleaning  out  of  slips  and  basins. 
He  shall  be  paid  monthly  for  his  services,  at  the  rate  of 
two  thousand  dollars  per  annum. 

§  51.  The  superintendent  of  Wharves  shall,  before  enter-  His  Bond. 
ing  upon  the  duties  of  his  office,  execute  a  bond  to  the 
Corporation,  with  one  or  more  sureties,  to  be  approved  by 
the  Comptroller,  in  the  penal  sum  of  five  thousand  dollars, 
conditioned  for  the  faithful  performance  of  the  duties  of 
his  office. 

§  52.  He  shall  exercise  a  constant  inspection  and  super-  Duties  of  su- 
vision  of  the  condition  of  the  public  wharves,  piers  and  of  wharves. 
slips,  and   of  the  erection   and  repairing   of  the  public 
wharves  and  piers,  and  the  excavating  of  slips;  and  shall, 
from  time  to  time,  suggest  and  report  to  the  Street  Com- 
missioner such  improvements  and  alterations  thereof  as  he 


94  OP   THE   STREET   DEPARTMENT. 

may  deem  necessary  or  proper,  with  estimates  of  the 
expense  thereof.  If  the  Street  Commissioner  approve 
thereof,  he  shall  report  the  same  to  the  Common  Council, 
except  where  the  expenditure  for  repairs  shall  not  exceed 
two  hundred  and  fifty  dollars,  when  he  may  direct  the  same 
to  be  done  under  the  supervision  of  the  Superintendent  of 
Wharves;  but  no  such  expenditure  shall  be  made  by  the 
Superintendent  of  Wharves,  except  upon  the  written  order 
and  certificate  of  the  Street  Commissioner,  as  provided  in 
section  6  of  this  chapter. 

peUdntSenfdeSnt"  §  53.  He  shall  cause  to  be  kept  in  his  bureau  accounts  of 
"es"  the  time  of  all  persons  to  be  paid  by  wages  for  woik  done 
under  the  supervision  of  his  bureau,  and  of  the  work  upon 
which  they  are  engaged,  and  of  all  the  other  expenditures 
of  his  bureau,  and  of  the  expense  of  each  particular  work 
or  job,  with  the  items  thereof. 

Ibid-  §  54.  He  shall  examine  and  audit  all  pay-rolls,  and  all 

accounts  for  work  done  or  materials  furnished  under  the 
supervision  of  his  bureau,  and  if  found  correct,  shall  cer- 
tify them  in  writing,  and  shall  deliver  them,  with  proper 
vouchers,  to  the  Street  Commissioner;  and  in  all  cases  of 
contract  work  under  his  supervision,  he  shall  examine  and 
report  to  the  Street  Commissioner  as  to  the  fulfillment  or 
breach  of  the  contract  therefor;  and  he  shall  certify,  on 
every  voucher  for  payment  thereon,  that  such  payment  is 
due,  in  accordance  with  the  terms  of  the  contract. 

ttid.  §  55.  He  shall,  in  all  matters  connected  with  his  bureau, 

be  under  the  control,  direction  and  supervision  of  the 
Street  Commissioner,  who  may  approve  or  disapprove  all 
accounts  certified  by  him,  and  by  whom  alone  all  requisi- 
tions upon  the  Comptroller  for  payment  thereof  shall  be 
drawn. 

ibid.  §  56.    The   Superintendent   of    Wharves   is    especially 


OF   THE  STREET   DEPARTMENT.  95 

•charged  with  the  duty  of  attending  to  the  enforcement 
of  all  laws  of  this  state  and  ordinances  and  resolutions  of 
the  Common  Council,  relating  to  the  wharves  and  piers  in 
the  city  of  New  York;  and  is  required,  from  time  to  time, 
to  report  to  the  Corporation  Attorney  all  violations 
thereof. 

§  57.  There  shall  be  one  clerk  in  this  bureau,  to  be  called  ^rukofof  Bu' 
the  "  Clerk  of  the  Bureau  of  Wharves,"  who  shall  keep  the 
iDOoks  and  accounts  of  this  bureau,  and  perform  such  other 
services  appertaining  to  the  Street  Department  as  may  be 
required  by  the  Street  Commissioner  or  the  Superintendent 
of  Wharves.  He  shall  receive  payment  monthly  for  his  ser- 
vices, at  the  rate  o  f  twelve  hundred  dollars  per  annum. 


§  58.  The  Street  Commissioner  may  appoint  a  general 
foreman  in  this  bureau,  who  shall  have  charge,  under  the  wharves. 
Superintendent  of  Wharves,  of  all  work  not  done  by  con. 
tract,  and  whose  compensation  therefor  shall  not  exceed 
three  dollars  per  day. 


ARTICLE  VII. 

OF    THE   BUREAU   OF    ROADS. 

§59.  This  bureau,  the  chief  officer  of  which  shall  be 
•called  the  "  Superintendent  of  Roads,"  is  charged  with  the 
duty  of  making  and  repairing  the  public  roads. 

§  60.  The  Superintendent  of  Roads  shall,  before  en-  HIS  Bond, 
tering  upon  the  duties  of  his  office,  execute  a  bond  to  the 
Corporation,  with  one  or  more  sureties,  to  be  approved  by 
the  Comptroller,  in  the  penal  sum  of  two  thousand  dollars? 
conditioned  for  the  faithful  performance  of  the  duties  of 
'his  office.  He  shall  receive  payment  monthly  for  his  ser- 
vices, at  the  rate  of  two  thousand  dollars  per  annum. 


96  OP   THE   STREET   DEPARTMENT. 

Duties  of  su-      &  $1.  jje  shall  be  the  overseer  of  roads  and  highways. 

perintendent 


of  Roads.  an(j  ghaJi  take  charge  of,  oversee  and  superintend  the 
making  and  repairing  of  the  public  roads,  and  inspect  all 
work  done  thereon,  by  contract  or  otherwise. 

§  62.  He  shall  make  all  estimates  necessary  to,  or  con- 
nected with,  the  making  and  repairing  of  the  public  roads, 
when  required  by  the  Street  Commissioner. 

ibid.  §  63.  He  shall,  from  time  to  time,  examine  the  state  of 

the  public  roads,  and  report  all  the  repairs  thereof,  which, 
in  his  judgment,  may  be  necessary,  to  the  Street  Commis- 
sioner. 

Ibid-  §  64.  He  shall  cause  to  be  kept  in  his  bureau  accounts 

of  the  time  of  all  persons  to  be  paid  by  wages,  for  work 
under  the  supervision  of  his  bureau,  and  of  the  work  upon 
which  they  are  engaged,  and  of  all  the  other  expenditures 
of  his  bureau,  and  of  the  expense  of  each  particular  work 
or  job,  with  the  items  thereof. 

11)1(1  •  §  65.  He  shall  examine  and  audit  all  pay-rolls,  and  all 

accounts  for  work  done  or  materials  furnished  under  the 
supervision  of  his  bureau,  and,  if  found  correct,  shall 
certify  them  in  writing,  and  shall  deliver  them,  with 
proper  vouchers,  to  the  Street  Commissioner;  and  in  all 
cases  of  contract  work  under  his  supervision,  he  shall 
examine  and  report  to  the  Street  Commissioner  as  to  the 
fulfillment  or  breach  of  the  contract  therefor,  and  he  shall 
certify  on  every  voucher  for  payment  thereon,  that  such 
payment  is  due,  in  accordance  with  the  terms  of  the 
contract. 

n>id.  §  flg.  He  shall,  in  all  matters  connected  with  his  bureau,, 

be  under  the  control,  direction  and  supervision  of  the 
Street  Commissioner,  who  may  approve  or  disapprove  of 
all  accounts  certified  by  him,  and  by  whom  alone  all 


OF  THE   STREET  DEPARTMENT.  97 

requisitions  upon  the  Comptroller  for  the  payment  thereof 
shall  be  drawn. 

§  67.  The  Superintendent  of  Roads  is  specially  charged  peur^^esnut' 
with  the  duty  of  attending  to  the  enforcement  of  all  laws  of  Roads- 
of  this  state,  and  ordinances  and  resolutions  of  the  Com- 
mon Council,  relating  to  the  public  roads  in  the  city  of 
New  York,  and  is  required,  from  time  to  time,  to  report 
to  the  Corporation  Attorney  all  violations  thereof. 


§  68.  The  Street  Commissioner  may  employ,  when  re-  c16^  m  Bu- 

reau of 

quired,  a  clerk  in  this  bureau,  to  be  called  the  Clerk  of  Roads- 
the  Bureau  of  Roads,  who  shall  be  paid  monthly  for  his 
services,  at  the  rate  of  eight  hundred  dollars  per  annum. 

ARTICLE  VIII 

OF  THE  BUREAU  OF  LANDS  AND  PLACES. 

6  69.  This  bureau,  the  chief  officer  of  which   shall  be  superintend- 

ent  ot  Lands 

called  the  Superintendent  of  Lands  and  Places,  is  charged  and  Places- 
with  the  duty  of  inspecting  the  condition  of,  and  superin. 
tending  and  keeping  in  order  the  public  grounds  and 
places  belonging  to  the  Corporation.  The  Superintend- 
ent of  Lands  and  Places  -shall  receive  payment  monthly 
for  his  services,  at  the  rate  of  two  thousand  dollars  per 
annum. 

§70.  The  Superintendent  of  Lands  and  Places  shall,  HIS  Bond. 
before  entering  upon  the  duties  of  his  office,  execute  a 
bond  to  the  Corporation,  with  one  or  more  sureties,  to 
be  approved  by  the  Comptroller,  in  the  penal  sum  of  two 
thousand  dollars,  conditioned  for  the  faithful  performance 
of  the  duties  of  his  office. 

§  71.  He  shall  exercise  a  constant  inspection  and  super-  Duties  of  su- 

.    .  ,.  /»  i  •  i       perintendent 

vision  of  the  public  grounds  and  parks,  and  of  keeping  the  of  Lands  and 

PleiCOS. 

same  in  proper  order,  and  shall,  from  time  to  time,  suggest 


98  OP   THE   STREET   DEPARTMENT. 

and  report  to  the  Street  Commissioner  such  improvements 
therein  as  may  be  necessary  and  proper,  with  estimates  of 
the  expense  thereof,  if  the  Street  Commissioner  approve. 

peSndeot  §  72.  He  shall  cause  to  be  kept  in  his  bureau  accounts  of 
places.  '  the  time  of  all  persons  to  be  paid  by  wages  for  work  under 
the  supervision  of  his  bureau,  and  of  the  work  upon  which 
they  are  engaged,  and  of  all  the  other  expenditures  of  his 
bureau,  and  of  the  expense  of  each  particular  work  or  job, 
with  the  items  thereof. 

rbli  §  73.  He  shall  examine  and  audit  all  pay-rolls  and  all 

accounts  for  work  done,  or  materials  furnished,  under  the 
supervision  of  his  bureau,  and,  if  found  correct,  shall  cer- 
tify them  in  writing,  and  shall  deliver  them,  with  proper 
/  vouchers,  to  the  Street  Commissioner;  and,  in  all  cases  of 
contract  work,  under  his  supervision,  he  shall  examine  and 
report  to  the  Street  Commissioner  as  to  the  fulfillment  or 
breach  of  the  contract  therefor,  and  he  shall  certify  on 
every  voucher  for  payment  thereon,  that  such  payment  is 
due  in  accordance  with  the  terms  of  the  contract. 

iwd.  §  74.  He  shall,  in  all  matters  connected  with  his  bureau, 

be  under  the  control,  direction  and  supervision  of  the 
Street  Commissioner,  who  may  approve  or  disapprove  all 
accounts  certified  by  him,  and  by  whom  alone  all  requisi- 
tions upon  the  Comptroller  for  the  payment  thereof  shall 
be  drawn. 

ibid.  §#5.  The  Superintendent  of  Lands  and  Places  is  spe- 

cially charged  with  the  duty  of  attending  to  the  enforce- 
ment of  the  laws  of  this  state,  and  ordinances  and  resolu- 
tions of  the  Common  Council,  relating  to  public  grounds 
and  parks  in  the  city  of  Xew  York,  and  is  required,  frotn 
time  to  time,  to  report  to  the  Corporation  Attorney  all 
violations  thereof. 

§  76.  The  Superintendent  of  Lands  and  Places  may  ap- 


OF   THE   STREET   DEPARTMENT.  99 

point  a  foreman  in  the  Bureau  of  Lands  and  Places,  who 
shall  receive  for  his  services  two  dollars  and  a  half  per 
day;  and  two  keepers  in  each  of  the  following  parks,  who 
shall  each  receive  for  their  services  one  dollar  and  a  half 
per  day,  viz:  the  Battery,  the  City  Hall  park,  Washington 
Parade  ground,  Union  square,  Stuyvesant  parks,  Madison 
square  and  Tonipkins  square.  The  Superintendent  of 
Lands  and  Places  may,  with  the  consent  of  the  Street 
Commissioner,  employ,  from  time  to  time,  such  additional 
labor  as  may  be  necessary,  to  keep  the  public  parks  and 
grounds  in  proper  order. 

ARTICLE  IX. 

OF  THE  BUREAU  OF  LAMPS  AND  GAS. 

§77.  This  bureau,  the   chief  officer   of  which  shall  be  superintend- 
ent of  Lamps 

called  the  Superintendent  of  Lamps  and  Gas,  is  charged  aud  Gas- 
with  the  duty  of  superintending  the  lighting  of  the  public 
streets,  roads,  places,  avenues,  wharves,  piers  and  markets • 
the  construction  and  repairs  of  the  public  lamps,  and  the 
procuring  all  necessary  supplies  and  fixtures  therefor.  He 
shall  receive  payment  monthly  for  his  services,  at  the  rate 
of  two  thousand  dollars  per  annum. 

§  78.  The  Superintendent  of  Lamps  and  Gas  shall,  before  HU»  Bond, 
entering  upon  the  duties  of  his  office,  execute  a  bond  to 
the  Corporation,  with  one  or  more  sureties,  to  be  ap- 
proved by  the  Comptroller,  in  the  penal  sum  of  two 
housand  dollars,  conditioned  for  the  faithful  performance 
of  the  duties  of  his  office. 

§  70.  He  shall  make  all  estimates  necessary  to  or  con-  Duties  °f Su- 

•  periiitendent 

n^cted  with  any  of  the  matters  referred  to  in  section  77  of  ^mp3and 
this  chapter. 

§80.  He  shall  take  charge  of,  oversee  and  superintend  iwd. 

ho  i-  instruction,  repairino-,  doimmo-.  trimming  and  lighting 


100  OF  THE   STREET  DEPARTMENT. 

of  public  lamps;  and  shall  preserve  and  keep  in  such  place 
as  may  be  prescribed  by  the  Street  Commissioner,  the  oil 
and  other  supplies  appertaining  to  his  bureau. 

Duties  of  su-      §81.  He  shall,  from  time  to  time,  inspect  the  public 

perintendent  A  .      . 

of  Lamps  and  lamps,  and,  with  the  consent  of  the  Street  Commissioner, 
shall  cause  the  same  to  be  repaired  forthwith,  when  any 
repairs  are  necessary. 

Ibid-  §  82.  He  shall,  forthwith,  report  to  the  Street  Commis- 

sioner all  violations  of  any  contracts  for  supplying  the 
city  with  oil  or  gas  for  the  lighting  of  the  public  lamps, 
and  every  omission  or  neglect  on  the  part  of  any  person 
whose  duty  it  is  to  clean,  trim  or  light  the  same. 

§  83.  He  shall  subject  all  oil  which  may  delivered  upon 
any  contract,  to  a  thorough  examination,  before  emptying 
it  from  the  original  vessel  in  which  it  may  be  delivered; 
and  if  it  be  found,  in  any  respect,  inferior,  either  in  quan- 
tity or  quality  to  that  required  by  the  contract,  he  shall 
forthwith  report  the  same  to  the  Street  Commissioner. 

Kid.  §  84.  He  shall  cause  all  lamps  to  be  hereafter  placed  in 

the  streets  and  avenues,  in  conformity  with  the  ordinances 
or  resolutions  of  the  Common  Council,  now  in  force  or 
hereafter  to  be  adopted. 

^id-  §  85.  He  shall  cause  to  be  kept  in  his  bureau  accounts  of 

the  time  of  all  persons  to  be  paid  by  wages  for  work  under 
the  supervision  of  his  bureau,  and  of  the  work  upon  which 
they  are  engaged,  and  of  all  the  other  expenditures  of  his 
bureau,  and  of  the  expense  of  each  particular  work  or  job, 
with  the  items  thereof. 

§  86.  He  shall  examine  and  audit  all  pay-rolls  and  all 
accounts  for  work  done  or  materials  furnished,  under  the 
supervision  of  his  bureau;  and,  if  found  correct,  shall  cer" 


OP  THE  STREET   DEPARTMENT.  101 

tify  them  in  writing,  and  shall  deliver  them,  with  proper 
vouchers,  to  the  Street  Commissioner;  and  in  all  cases  of 
contract  work  under  his  supervision,  he  shall  examine  and 
report  to  the  Street  Commissioner  as  to  the  fulfillment  or 
breach  of  the  contract  therefor;  and  he  shall  certify,  on 
every  voucher  for  payment  thereon,  that  such  payment 
is  due,  in  accordance  with  the  terms  of  the  contract. 

§  87.  He  shall,  in  all  matters  connected  with  his  bureau,  Duties  of  su- 
perintendent 
be  under  the   control,  direction   and  supervision   of  the  °fi*m-ps  and 

Street  Commissioner,  who  may  approve  or  disapprove  all 
accounts  certified  by  him,  and  by  whom  alone  all  requisi- 
tions upon  the  Comptroller  for  payment  thereof  shall  be 
drawn. 

§  88.  The  Superintendent  of  Lamps  and  Gas  is  specially  iwd. 
charged  with  the  enforcement  of  all  ordinances  and  resolu- 
tions of  the  Common  Council,  for  the  protection  of  public 
lamps,  and  shall  report  all  violations  thereof  to  the  Cor- 
poration Attorney. 

§  89.  The  Superintendent  of  Lamps  and  Gas  shall  have  inspector  of 

Oil,    and  In- 

authority  to  appoint  in  this  bureau,  to  assist  the  Superin-  fJmp?     °f 
tendent  of  Lamps  and  Gas  in  the  performance  of  the  duties 
thereof  an  Inspector  of  Oil,  and  not  to  exceed  six  compe- 
tent persons,  to  be  called  Inspectors  of  Lamps,  whose  daily 
pay  shall  not  exceed  two  dollars  each. 

§  90.  There  shall  be  one  clerk  in  this  bureau,  to  be  called  cierk  to  su- 
perintendent 

the  Clerk  of  the  Superintendent  of  Lamps  and  Gas,  who  j£J*mPB  & 
shall  keep  the  accounts  thereof,  and  prepare  all  the  esti- 
mates and  other  papers  appertaining  thereto;  and  who 
shall  perform  such  other  duties  as  may  be  directed  by  the 
Superintendent  of  Lamps  and  Gas.  He  shall  be  paid 
monthly  for  his  services  at  the  rate  of  one  thousand  two 
hundred  dollars  per  annum. 


102  OF  THE  STEEET  DEPAETMENT. 

ARTICLE  X. 

OP  THE  BUEEAU  OP  EEPAIES  AND  SUPPLIES. 


§  9L  This  bureau,  the  chief  officer   of  which   shall  bo 
and  supplies.  called  the  «  Superintendent  of  Repairs  and  Supplies,"  is 
charged  with  the  duty  of  superintending  the  construction 
and  repairing  of  public  buildings. 

HIS  Bond.  §  92.  The  Superintendent  of  Repairs  and  Supplies  shall, 
before  entering  upon  the  duties  of  his  office,  execute  a  bond 
to  the  Corporation,  with  one  or  more  sureties,  to  be  ap- 
proved by  the  Comptroller,  in  the  penal  sum  of  two  thou- 
sand dollars,  conditioned  for  the  faithful  performance  of 
the  duties  of  his  office.  He  shall  be  paid  monthly  for  his 
services,  at  the  rate  of  two  thousand  dollars  per  annum. 

Duties  or  so-      §  93.  He  shall  take  charge  of,  oversee  and  superintend 


of  epairs  the  constructing  and  repairing  of  the  public  buildings,  and 
the  inspection  of  all  work  done  thereon,  by  contract  or 
otherwise,  and  have  general  superintendence  over  the 
Deputy  Superintendent  of  Repairs  and  Supplies. 

II)id-  §  94.  He  shall  make  all  estimates  necessary  to  or  con- 

nected with  the  constructing  and  repairing  of  the  public 
buildings,  when  required  by  the  Street  Commissioner. 

Ibid-  §  95.  He  shall  cause  to  be  kept  in  his  bureau  correct 

accounts  of  the  time  of  all  persons  to  be  paid  by  wages  for 
work  on  the  construction  or  repairs  of  public  buildings, 
and  of  the  work  upon  which  they  are  engaged,  and  of  all 
expenditures  relating  thereto,  and  of  the  expense  of  each 
particular  work  or  job,  with  the  items  thereof. 

11)1(1  §  96.  He  shall  examine  and  audit  all  pay-rolls  and  all 

accounts  for  work  done  or  materials  furnished  for  the  con- 
struction or  repairs  of  public  buildings;  and  if  found  cor- 
rect, shall  certify  them  in  writing,  and  shall  deliver  them, 


OF   THE   STREET   DEPARTMENT.  103 

with  the  proper  vouchers,  to  the  Street  Commissioner.  In 
all  cases  of  contract  work  under  his  supervision,  he  shall 
examine,  and  report  to  the  Street  Commissioner,  as  to  the 
fulfillment  or  breach  of  the  contract  therefor;  and  he  shall 
certify,  on  every  voucher  for  payment  thereon,  that  such 
payment  is  due,  in  accordance  with  the  terms  of  the  con- 
tract. 

§  97.  He  shall  examine  the  state  of  the  public  buildings  Duties  or  su- 

.,  _.  perintendent 

from  time  to  time;  and  whenever  any  requisition  for  re- of  Repairs  & 

Supplies. 

pairs  thereto  shall  be  referred  to  him  by  the  Street  Com- 
missioner, he  shall  report  all  repairs  thereof  which,  in  his 
judgment,  may  be  necessary,  to  the  Street  Commissioner, 
who  shall  lay  the  same  before  the  Common  Council,  ex- 
cept where  the  expense  thereof  shall  not  in  any  case  ex- 
ceed two  hundred  and  fifty  dollars,  in  which  case  the 
Street  Commissioner  may  cause  the  repairs  to  be  made 
under  the  supervision  of  the  Superintendent  of  Repairs 
and  Supplies;  but  no  expenditure  shall  be  made  by  the 
Superintendent  of  Repairs  and  Supplies,  except  upon  the 
written  order  and  certificate  of  the  Street  Commissioner, 
in  accordance  with  section  6  of  this  chapter. 

§  98.  The  Superintendent  of  Repairs  and  Supplies  may  Assistant  to 
employ,  whenever  the  same  shall  be  necessary,  a  competent 


.  c*  .        and  Supplies, 

person  to  assist  the  Superintendent  of  Repairs  and  Supplies  and  inspec- 
in  the  performance  of  the  duties  of  his  office,  whose  monthly 
pay  shall  not  exceed  one  hundred  dollars;  and  not  to  ex- 
ceed two  competent  persons,  to  inspect  and  estimate  the 
value  of  all  work  not  done  by  contract,  the  daily  pay  of 
each  of  whom  shall  not  exceed  two  dollars  and  a  half;  and 
no  account  shall  be  allowed  for  any  such  work,  until  such 
inspection  and  estimate  shall  have  been  made. 

§  99.  He  shall,  in  all  matters  connected  with  his  bureau,  Duties  of  su- 
perintendent 
be  under  the   control,  direction   and   supervision   of  the  «f  R^irs  & 


104  OF   THE  STREET  DEPARTMENT. 

Street  Commissioner,  who  may  approve  or  disapprove  of 
all  accounts  certified  by  him,  and  by  whom  alone  all  requi- 
sitions upon  the  Comptroller  for  the  payment  thereof  shall 
be  drawn. 

cierks  m  BU-  §100.  There  shall  be  two  clerks  in  this  bureau,  to  be 
pairs  &  sup-  called  the  First  and  Second  Clerks  to  the  Superintendent 
of  Repairs  and  Supplies,  who  shall  keep  the  accounts  of 
this  bureau,  and  prepare  such  papers,  and  perform  such 
other  duties  appertaining  thereto,  as  shall  be  directed  by 
the  Superintendent  of  Repairs  and  Supplies.  They  shall 
be  paid  monthly  for  their  services,  as  follows:  the  First 
Clerk  at  the  rate  of  one  thousand  two  hundred  dollars  per 
annum,  and  the  Second  Clerk  at  the  rate  of  eight  hundred 
per  annum. 

ARTICLE  XI. 

OP  THE  DEPUTY  SUPERINTENDENT  OP  REPAIRS  AND  SUPPLIES. 

Sendee'  §  10L  There  slm11  be  in  the  Bureau  of  Repairs  and  Sup- 
supplies1.'8  k  Plies>  an  officer  who  shall  be  called  the  Deputy  Superin- 
tendent of  Repairs  and  Supplies,  who  is  charged  with  the 
duty  of  superintending  the  supplying  the  public  rooms 
and  offices  and  court-rooms  of  the  Corporation,  the  police 
station-houses,  the  engine  and  other  houses  of  the  Fire 
Department,  and  the  public  markets,  with  fuel,  stationery, 
printing,  and  all  other  things  necessary  therefor,  and  of 
superintending  the  furnishing  of  all  other  necessary  sup- 
plies for  the  Corporation,  except  in  cases  where  other  pro- 
vision is  made  therefor.  He  shall  receive  payment  monthly 
for  his  services,  at  the  rate  of  two  thousand  dollars  per 
annum. 

ms  Bond  §  102.  The  Deputy  Superintendent  of  Repairs  and  Sup- 
plies shall,  before  entering  upon  the  duties  of  his  office, 
execute  a  bond  to  the  Corporation,  with  one  or  more  sure- 
ties, to  be  approved  by  the  Comptroller,  in  the  penal  sum 


OP   THE   STREET   DEPARTMENT.  1U5 

of  two  thousand  dollars,  conditioned  for  the  faithful  per- 
formance of  the  duties  of  his  office. 

% 

§  103.  He  shall  take  charge  of,  and  superintend  the  de- 
livery  and  preservation  of  all  supplies  to  be  furnished 
under  his  supervision,  and  shall  have  charge  of  keeping  SuppUes- 
clean  and  in  proper  order  the  public  rooms,  offices  and 
court-rooms  of  the  Corporation,  and  of  the  warming  and 
lighting  of  the  same;  and  for  that  purpose  he  may,  with 
the  written  consent  of  the  Street  Commissioner,  employ  so 
many  and  such  persons  as  may  be  necessary  therefor,  and 
at  such  compensation,  not  to  exceed  one  dollar  and  a  half 
per  day,  in  any  case,  as  may  be  allowed  by  the  Street  Com- 
missioner. A  statement  of  all  persons  so  employed,  with 
the  rate  of  compensation  allowed  to  each,  and  of  his  occu- 
pation, shall  be  submitted  quarterly  to  the  Common 
Council. 

§  104.  He  shall  make  all  estimates  necessary  to  or  con- 
nected  with  the  furnishing  the  supplies  mentioned  in  this 
chapter,  when  required  by  the  Street  Commissioner;  and, 
with  the  consent  of  the  Street  Commissioner,  shall  pur- 
chase all  such  supplies  not  furnished  by  contract,  when  the 
expense  thereof  shall  not  exceed  two  hundred  and  fifty 
dollars  in  anyone  case;  but  no  expenditure  shall  be  in- 
curred by  the  Deputy  Superintendent  of  Repairs  and  Sup- 
plies, except  upon  the  written  order  and  certificate  of  the 
Street  Commissioner,  in  accordance  with  section  6  of  this 
chapter. 


§  105.  He  shall  have  the  care  of  the  public  yards 
store-houses  of  the  Corporation  and  of  all  things  that  may 
be  stored  therein,  and  may,  with  the  consent  of  the  Street 
Commissioner,  employ  not  to  exceed  two  keepers  for  each 
8 


106  OF  THE  STREET   DEPARTMENT. 

of  the  public  yards,  whose  pay  shall  not  exceed  two  dollars 
per  day. 

^f^^uer  §  -^*  He  shall  cause  to  be  kept  in  his  office  correct 
Repa?rentand  accounts  of  the  time  of  all  per  sons  employed  by  him,  in 
supplies.  accordance  with  section  103  of  this  chapter,  and  of  all 
expenditures  incurred  under  his  supervision,  with  the  items 
thereof,  and  shall  keep  a  separate  account  of  all  supplies 
furnished  to  each  of  the  several  departments,  bureaux 
and  courts,  and  shall  furnish  each  of  them  at  the  time  of 
the  delivery  of  any  supplies,  or  at  least  once  in  each 
month,  a  statement  of  the  articles  supplied  upon  their 
requisition,  with  the  quantities  and  prices;  he  shall  take 
receipts  for  all  articles  delivered,  which  shall  be  filed  in 
his  office. 

toM.  §  107.  He  shall  examine  and  audit  all  accounts  for  work 

done  and  for  supplies  of  fuel,  stationery,  printing  and 
other  necessary  things  under  his  supervision,  and,  if  found 
correct,  shall  certify  them  in  writing,  and  deliver  them, 
with  the  proper  vouchers,  to  the  Street  Commissioner; 
and  in  all  cases  of  supplies  furnished  by  contract  under 
his  supervision,  he  shall  examine  and  report  to  the  Street 
Commissioner  as  to  the  fulfillment  or  breach  of  the  con- 
tract therefor,  and  shall  certify  on  every  voucher  for  pay- 
ment thereon  that  such  payment  is  due  in  accordance  with 
the  terms  of  the  contract. 

n>jd.  §  108.  He  shall,  in  all  matters  connected  with  his  duties, 

be  under  the  control,  direction  and  supervision  of  the 
Street  Commissioner,  who  may  approve  or  disapprove  al! 
accounts  certified  by  him,  and  by  whom  alone  all  requisi- 
tions upon  the  Comptroller  for  the  payment  thereof  shall 
be  drawn. 

§  109.  There  shall  be  three  clerks,  in  this  bureau,  to  be 
*  sup.  called  First,  Second  and  Third  Clerks  to  the  Deputy  Super- 


OF   THE   STREET   DEPARTMENT.  107 

intendent  of  Repairs  and  Supplies,  who  shall  keep  the 
accounts  of  this  burea  j$  and  perform  such  other  duties  as 
may  be  directed  by  the*Deputy  Superintendent  of  Repairs 
and  Supplies.  The  Fltfst  Clerk  shall  be  paid  monthly  for 
his  services,  at  the  ratt  of  one  thousand  two  hundred  dol- 
lars per  annum;  the  Se'cond  Clerk  shall  be  paid  monthly  for 
his  services,  at  the  rate  of  one  thousand  dollars  per  annum; 
the  Third  Clerk  shall  be  paid  monthly  for  his  services,  at 
the  rate  of  eight  hundred  dollars  per  annum. 

§  110.  The  term  £/ity  Hall,  as  used  in  this  ordinance,  Keeper  of 
includes  all  the  public  buildings  in  the  Park.  There 
shall  be  in  the  Bureau  of  Repairs  and  Supplies  an  officer, 
who  shall  be  knowi  as  the  Keeper  of  the  City  Hall,  and 
who  shall  be  paid*  monthly  for  his  services,  at  the  rate  of 
one  thousand  two  hundred  and  fifty  dollars  per  annum, 

§  111.  The  Keeper  of  the  City  Hall  shall  have  charge,  HIS  duties, 
under  the  supervision  of  the  Deputy  Superintendent  of 
Repairs  and  Supplies,  of  keeping  the  City  Hall,  and  shall 
superintend  the  jkeeping  clean  and  in  proper  order  the 
rooms  in  the  City  Hall.  He  shall,  when  necessary,  cause 
fires  to  be  made  -therein,  except  in  the  rooms  occupied  by 
the  courts  or  offices  of  the  United  States,  the  Commission- 
ers of  Emigration,  the  Governors  of  the  Alms-house,  the 
Croton  Aqueduct  Board,  the  Board  of  Education,  and  the 
Law  Institute,  - 

§  112.  He  shall  also  provide  for  the  meetings  of  the  re-  Ibid. 
spective  Boards  of  the  Common  Council,  and  their  com- 
mittees, and  shall  preserve  and  take  care  of  the  furniture 
used  in,  and  the  fuel  or  other  articles  supplied  for  the  use 
of,  the  City  Hall,  except  as  provided  in  the  last  section, 
and  perform  ^such  other  duties  connected  with  his  office  as 
may  be  assigned  him  by  the  Street  Commissioner. 


108  OP  THE  STREET  DEPARTMENT. 

May  reside  in      §  113.  He  may  occupy  for  himself  and  his  family  such 

City  I  lull. 

rooms  in  the  City  Hall  as  may  be  assigned  him  by  the 
Street  Commissioner. 


j£eper°of  §  H4.  He  shall  superintend  and  keep  an  account  of  the 
time  of  all  persons  appointed  by  the  Deputy  Superintend- 
ent of  Repairs  and  Supplies,  to  assist  him  in  the  perform- 
ance of  his  duties,  in  pursuance  of  section  103  of  this 
chapter,  and  shall  prepare  and  certify  all  accounts  and  pay- 
rolls therefor,  and  shall  deliver  them  to  the  Deputy  Super- 
intendent of  Repairs  and  Supplies,  by  whom,  if  found  cor- 
rect, they  shall  also  be  certified,  and  be  delivered  to  the 
Street  Commissioner. 

ARTICLE  XII. 

OP   THE   BUREAU   OF   THE   CHIEF  ENGINEER   OF  THE   FIRE 
DEPARTMENT. 

Srf  ofFfre      §  115<  This  bureau>  of  which  the  Chief  Engineer  of  the 

Department.  ^{TQ  Department  shall  be  the  chief  officer,  is  charged  with 

the  duty  of  repairing  fire  engines,  hose-carts,  hooks  and 

ladders,  hose,  and  other  machines  and  apparatus,  for  the 

use  of  the  Fire  Department. 

HIS  duties.  §  116.  The  Chief  Engineer  of  the  Fire  Department  shall 
oversee  and  superintend  the  repairing  of  fire  engines, 
hose-carts,  hooks  and  ladders,  hose,  and  other  machines 
and  apparatus,  for  the  use  of  the  Fire  Department. 

§  117.  He  shall  make  all  estimates  necessary  to,  or  con- 
nected with,  the  performance  of  the  duties  of  his  bureau, 
when  required  by  the  Street  Commissioner. 

§  118.  He  shall,  from  time  to  time,  inspect  the  fire  engines, 
hose-carts,  hooks  and  ladders,  hose,  and  other  machines  and 
apparatus,  for  the  use  of  the  Fire  Department;  and  shall 
report  to  the  Street  Commissioner  any  repairs  which  may 


OF  THE  STREET   DEPARTMENT.  109 

be  required  thereon.  If  the  Street  Commissioner  approve 
thereof,  he  shall  report  the  same  to  the  Common  Council, 
except  that  when  the  expenditure  shall  not  exceed  seventy- 
five  dollars  in  any  one  case,  he  may  direct  the  same  to 
be  done. 

§  119.  The  Chief  Engineer  may,  with  the  consent  of  the 
Street  Commissioner,  make  small  repairs  in  the  Corpora- 
tion  yard,  to  the  hose  and  hooks  and  ladders  of  the  Fire 
Department. 

§  120.  He  shall  cause  to  be  kept  in  his  bureau  accounts  iwd. 
of  the  time  of  all  persons  to  be  paid  by  wages  for  work, 
under  the  supervision  of  his  bureau,  and  of  the  work  upon 
which  they  are  engaged,  and  of  all  the  other  expenditures 
of  his  bureau,  and  of  the  expense  of  each  particular  work 
or  job,  with  the  items  thereof. 

§  121.  He  shall  examine  and  audit  all  pay-rolls  and  all  ibid. 
accounts  for  work  done,  or  materials  furnished,  under  the 
supervision  of  his  bureau,  and,  if  found  correct,  shall  certify 
them  in  writing,  and  shall  deliver  them,  with  proper 
vouchers,  to  the  Street  Commissioner;  and  in  all  cases  of 
contract  work  under  his  supervision,  he  shall  examine  and 
report  to  the  Street  Commissioner  as  to  the  fulfillment  or 
breach  of  the  contract  therefor;  and  he  shall  certify  on 
every  voucher  for  payment  thereon  that  such  payment  is 
due,  in  accordance  with  the  terms  of  the  contract. 

§  122.  He  shall,  in  all  matters  connected  with  his  bureau,  n>id. 
be  under  the  control,  direction  and  supervision  of  the 
Street  Commissioner,  who  may  approve  or  disapprove  all 
accounts  certified  by  him,  and  by  whom  alone  all  requisi- 
tions upon  the  Comptroller  for  the  payment  thereof  shall 
be  made. 


§    23.  No  new   fire   engine,   hose,   or  hook  and  ladder  J5 

gines,  &c« 


HO  OF   THE   STREET   DEPARTMENT. 

carriage,  shall  be  constructed  for  the  Fire  Department, 
unless  the  same  shall  be'  authorized  by  the  Common 
Council. 


riro  §  124-  There  shall  be  in^liis  bureau,  a  Superintendent  of 
Apparatus.  jpfrQ  Apparatus,  to  be  anointed  by  the  Street  Commis- 
sioner, who  shall  be  a  practical  machinist,  and  fire  engine 
builder,  and  who  shall  be  an  exempt  fireman,  whose  duty 
it  shall  be  to  superintend  the  construction  and  proper 
working  and  keeping  of  fire  apparatus,  and  such  other 
duties  as  may  be  required  in  the  direction  of  the  Fire 
Department,  which  shall  not  interfere  with  any  existing 
ordinance,  or  conflict  with  the  firemen  in  the  discharge- 
of  their  duties.  The  Superintendent  of  Fire  Apparatus 
shall  receive  payment  for  his  services  monthly,  at  the  rate; 
of  one  thousand  dollars  per  annum. 

Foreman  of  §  125.  There  shall  be  a  Foreman  of  the  Corporation 
Yard,  in  this  bureau,  to  be  appointed  by  the  Chief 
Engineer,  whose  duty  it  shall  be  to  superintend  the  repair- 
ing and  cleaning  of  hose,  and  take  charge  of  the  same 
and  to  perform  all  such  other  duties  as  may  be  assignd 
to  him  by  the  Chief  Engineer,  and  shall  receive  a  salary 
of  one  thousand  dollars  per  annum,  payable  monthly. 
There  shall  also  be  two  clerks  in  this  bureau,  to  be  ap- 
pointed by  the  Chief  Engineer,  who  shall  keep  the  ac- 
counts of  this  bureau,  and  perform  such  other  duties  as 
shall  be  directed  by  the  Chief  Engineer,  at  a  salary  of  one 
thousand  dollars  each  per  annum,  payable  monthly.  The 
Chief  Engineer  shall  also  have  authority  to  employ  la- 
borers in  the  Corporation  Yard,  not  to  exceed  eight  in 
number,  at  a  compensation  of  two  dollars  per  day. 


OF  THE  STREET  DEPARTMENT.  HI 

ARTICLE  XIII. 

OF   THE   BUREAU   OF    COLLECTION    OF   ASSESSMENTS. 

§126.  This  bureau,  the  chief  officer   of  which  shall  be  collector  of 

Assessments 

called  the  "  Collector  of  Assessments,"  is  charged  with 
the  duty  of  collecting  all  assessments  which  are  confirmed 
according  to  law. 

§  127.  The  Collector  of  Assessments  shall,  before  enter-  His  Bond. 
ing  upon  the  duties  of  his  office,  execute  a  bond  to  the 
Corporation,  with  at  least  two  sureties,  to  be  approved 
by  the  Comptroller  in  the  penal  sum  of  twenty-five  thou- 
sand dollars,  conditioned  for  the  faithful  performance  of 
the  duties  of  his  office. 

§  128.  The  Collector  of  Assessments  may  appoint,  not  to  Deputy  coi- 
exceed  four  Deputy  Collectors  of  Assessments,  who  shall  sessments. 
assist  the  Collector  of  Assessments  in  the  performance  of 
the  duties  of  the  bureau.     Each  of  the  Deputy  Collectors 
shall,  before  entering  upon  the  duties  of  his  office,  execute 
a  bond  to  the   Corporation,  with  at  least  two  sureties,  to 
be  approved  by  the   Comptroller,  in   the  penal   sum  of 
ten  thousand  dollars,  conditioned  for  the  faithful  perfor- 
mance of  the  duties  of  his  office. 

§  129.  Upon  receiving  an  assessment  list  for  collection,  collection  of 

. .         p,  .  Assessments 

the  htreet  Commissioner  shall  charge  the  amount  thereof 
on  the  books  in  his  office,  to  the  account  of  the  Collector 
of  Assessments,  and  shall  thereupon  transmit  the  same  to 
the  Collector  of  Assessments,  for  collection. 

§  130.  Immediately  after  receiving  such  assessment  list, Ibid- 
the  collector  shall  cause  to  be  entered  in  a  book  to  be 
kept  for  that  purpose,  and  to  be  called  "  the  Kecord  of 
Titles  of  Assessments  Confirmed,"  the  title  and  amount  of 
such  assessment,  the  date  of  its  confirmation,  and  the  date 
of  such  entry. 


112  OF  THE  STREET  DEPARTMENT. 

collection  of     §  131.  The  Collector  of  Assessments  shall,  also,  cause  to 

Assessments 

be  entered  in  books  to  be  kept  for  that  purpose,  and  to  be 
called  the  "  Records  of  Assessments,"  under  the  title  of 
each  assessment,  the  name  of  the  street  on  which  each  lot 
assessed  is  situated,  with  the  ward,  and  the  assessment  map, 
or  the  block  number  of  each  lot ;  the  name  of  the  person  to 
whom  it  is  assessed;  the  dimensions  of  the  lot;  the  amount 
of  the  assessment,  and  the  time  of  its  confirmation;  and  in 
such  books  shall  also  be  entered,  before  the  expiration  of 
one  week  from  the  time  of  the  payment  of  any  assessment, 
by  the  Collector  or  Deputy  Collector  receiving  the  same, 
opposite  each  item  on  which  payment  has  been  made,  the 
fact  of  such  payment,  and  the  date  thereof,  and  every  such 
entry  shall  be  verified  by  the  signature  of  the  Collector  or 
Deputy  Collector  making  the  same. 

§  132.  The  Collector  of  Assessments  shall  thereupon  de- 
liver the  assessment  list  to  one  of  the  Deputy  Collectors 
for  collection,  and  shall  immediately  notify  the  Street 
Commissioner  of  the  deputy  to  whom  it  has  been  delivered. 
He  shall  apportion  the  lists  between  the  deputies  in  such 
manner,  as  that  the  collections  of  the  bureau  may  be  divided 
as  nearly  as  may  be,  equally  between  them. 

§  133.  Immediately  upon  receiving  an  assessment  list,  the 
Deputy  Collector  shall  prepare,  in  suitable  books  to  be  kept 
for  that  purpose,  under  the  title  of  The  Assessment,  a  con- 
densed recapitulation  thereof,  containing,  under  the  name 
of  each  person  assessed,  the  ward  and  the  map  or  the  block 
number  of  each  lot  assessed  in  his  name,  and  the  amount 
of  the  assessment  thereon ;  and  on  such  books  shall  also 
be  entered,  at  the  time  of  the  payment  of  any  assessment, 
in  such  manner  as  to  identify  the  items  on  which  each 
payment  is  made,  the  date  of  the  payment  and  by  whom 
made,  and  the  amount  of  the  assessment,  and  the  amount 
of  interest  paid  in  each  case. 


OP  THE  STREET  DEPARTMENT.  113 

§  1 34.  The  Deputy  Collector  shall,  thereupon,  prepare  collection  of 

J  Assessments 

and  cause  to  be  sent  to  each  of  the  persons  named|in  such 
assessment  list,  if  such  persons  can  be  found,  a  notice 
of  such  assessment,  specifying  therein  the  title  of  the  as- 
sessment, the  date  of  its  confirmation,  the  ward  and  the 
map  or  the  block  number  of  each  lot  assessed  in  his  name, 
and  the  amount  so  assessed. 

§  135.  If  any  assessment  duly  confirmed,  or  any  part  ibid. 
thereof,  remain  unpaid  for  sixty  days  after  the  entry 
thereof  in  the  Records  of  Titles  of  Assessments  Confirmed, 
the  Deputy  Collector  may,  with  the  consent  of  the  Street 
Commissioner,  make  application  for  a  warrant  to  levy  the 
same,  according  to  law. 

§  136.  The  Deputy  Collector  shall,  after  the  expiration  ibid, 
of  the  respective  periods  of  sixty  days  mentioned  in  the 
last  section,  receive  and  collect  interest  upon  all  unpaid 
assessments;  except  that  in  case  of  assessment  and  award 
to  the  same  person,  he  shall  receive  and  collect  interest 
only  upon  the  excess  of  the  assessment  over  the  award. 

§  137.  The  Deputy  Collector,  having  any  assessment  list™'1- 
in  charge  for  collection  shall,  before  the  expiration  of  one 
year  from  the  date  of  confirmation  thereof,  unless  the  same 
has  previously  been  done  and  recorded,  as  next  hereinafter 
provided,  personally  demand,  at  two  several  times,  of  each 
of  the  persons  required  by  law  to  pay  any  part  of  said 
assessment,  the  payment  thereof;  except  where  such  per- 
sons do  not  reside  in  the  city  of  New  York,  or  where,  after 
diligent  search  and  inquiry,  they  cannot  be  determined  or 
found.  It  shall  be  the  duty  of  the  Deputy  Collector,  within 
one  week  after  making  any  such  demand,  to  make  an  entry 
thereof  in  books  to  be  kept  for  that  purpose,  and  to  be 
called  "  The  Records  of  Demands  for  Payment  of  Assess- 
ments;''' and  every  such  entry  shall  be  made  in  such  man- 


114  OF  THE  STREET  DEPARTMENT. 

ner  as  to  identify  each  item  of  the  assessment  for  which 
payment  was  demanded,  and  the  name  of  the  person  on 
whom,  and  the  place  where  the  demand  was  made,  and  the 
date  thereof;  and  shall  be  verified  by  the  signature  and  the 
affidavit  of  the  Collector  or  Deputy  Collector  by  whom  such 
demand  was  made. 

§  138'  Each  of  the  DePuty  Collectors  shall,  on  Tuesday  of 
each  week>  or  oftener,  if  required,  furnish  to  the  Collector 
of  Assessments,  and  to  the  Street  Commissioner,  an  account 
in  writing,  item  by  item,  of  all  moneys  collected  by  him, 
stating  the  amount  of  assessment,  and  the  interest  thereon, 
paid  on  each  lot,  with  the  ward  and  the  map,  or  the  block 
number  thereof,  and  upon  what  assessment,  the  name  of 
the  person  making  each  payment,  and  the  date  thereof;  and 
such  account  shall  be  verified  by  the  signature  and  the 
affidavit  of  the  Deputy  Collector  making  the  same.  He 
shall  thereupon  pay  over  to  the  Collector  of  Assessments 
all  moneys  collected  by  him  on  such  assessments,  and  shall 
receive  from  him  triplicate  vouchers  therefor,  one  of  which 
shall  immediately  thereafter  be  filed  with  the  Comptroller, 
and  one  with  the  Street  Commissioner. 

§  139-  The  Collector  of  Assessments  shall  cause  the 
returns  so  ma(je  by  the  Deputy  Collectors  to  be  filed  in 
books  to  be  provided  for  that  purpose,  and  shall,  on  Mon- 
day of  each  week,  pay  over  to  the  Chamberlain  all  moneys 
received  from  the  Deputy  Collectors,  and  shall  also  there- 
upon receive  from  the  Chamberlain  triplicate  vouchers  for 
the  payment  thereof,  on  which  vouchers  shall  be  specified 
the  amount  paid  on  each  assessment.  He  shall  forthwith 
on  the  same  day,  file  one  of  such  triplicate  vouchers  with 
the  Comptroller,  and  one  with  the  Street  Commissioner. 

§  140.  Each   of  the  Deputy   Collectors  shall,  on  being 
required,  furnish   to  the   Street   Commissioner  or  to  the 


OF   THE   STREET   DEPARTMENT.  115 

Collector  of  Assessments,  a  list  of  all  delinquents,  with 
the  amounts  uncollected  upon  any  assessment  list  deli- 
vered to  him  for  collection. 

§  141.  The  Collector  of  Assessments  shall,  on  the  expi 
ration  of  one  year  from  the  date  of  confirmation  of  any 
assessment  list,  return  each  list  to  the  Street  Commissioner, 
with  an  account  of  all  items  remaining  unpaid  thereon, 
stating  the  name  of  the  street  on  which  each  lot  on  which 
the  assessment  remains  unpaid  is  situated,  with  the  ward 
and  the  map  or  the  block  number  of  each  lot;  the  name 
of  the  person  to  whom  it  is  assessed,  the  dimensions  of  the 
lot  and  the  amount  of  the  assessment  thereon;  and  such 
account  shall  be  accompanied  by  a  statement  in  writing, 
specifying  for  each  item  thereof  that  two  personal  demands 
for  payment  have  been  made  by  a  Collector  or  a  Deputy 
Collector  of  Assessments  of  the  person  or  persons  required 
by  law  to  pay  for  the  same;  or  that  such  person  or  persons 
do  not  reside  in  the  city  of  New  York,  or  that,  after 
diligent  search  and  inquiry,  such  person  or  persons  cannot 
be  determined  or  found;  and  such  statement  shall  be  verified 
by  the  signature  and  affidavits  of  the  Collector  or  Deputy 
Collector  having  the  knowledge  thereof;  and  no  collections 
shall  be  made  by  any  Collector  or  Deputy  Collector  of 
Assessments,  on  any  assessment  so  returned. 

§  142.  Upon  receiving  such  returns,  and  an  examination  ibid 
thereof,  the  Street  Commissioner  shall,  if  they  be  found 
correct,  credit  the  amount  thereof  to  the  account  of  the 
Collector  of  Assessments,  and  charge  the  same  to  the 
Bureau  of  Arrears ;  and  shall  thereupon  transmit  the 
assessment  list,  the  returns,  and  the  affidavits  relating 
thereto,  to  the  Comptroller,  and  receive  from  him  a 
voucher  therefor. 

§  143.  It  shall   be    the  duty  of  the  Comptroller,  if  in  IN*. 


116  OP  THE  STREET  DEPARTMENT. 

case  of  any  assessment,  so  returned,  he  shall  have  reason  to 
believe  that  items  have  been  returned  as  unpaid  on  which 
•  payments  have  been  made,  or  that  the  demands  for  pay- 
ment have  not  been  made  as  provided  by  law,  to  notify 
the  Street  Commissioner  thereof;  and  it  shall  be  the  duty 
of  the  Street  Commissioner  thereupon,  with  the  consent 
of  the  Comptroller,  to  cause  notices  to  be^  served  upon 
each  of  the  person  or  persons  required  by  law  to  pay  such 
items  returned  as  arrears,  that  payment  is  due  thereon, 
and  that  the  property  so  returned  is  liable  to  sale;  and 
the  Street  Commissioner  shall  make  the  Comptroller  a 
detailed  report  of  all  such  cases  in  which  notices  are 
served. 

§  -^4.  The  Collector  of  Assessments  shall  cause  to  be 
a  je(jgerj  On  which  shall  be  entered,  under  the  title  of 
each  assessment  received  for  collection,  the  amount  thereof, 
the  date  of  the  confirmation,  the  name  of  the  deputy  having 
it  in  charge  for  collection,  the  amount  of  principal  and  in- 
terest returned  by  the  deputy  as  collector  thereon,  and 
when  returned,  and  the  amounts  paid  to  the  Chamberlain 
by  the  collector,  and  when  paid.  Accounts  shall  also  be 
kept  in  such  ledger,  with  each  of  the  Deputy  Collectors,  in 
which  they  shall  be  severally  charged  with  the  amounts 
of  the  assessment  lists  placed  in  their  hands  for  collection; 
and  accredited  with  the  amounts  paid  to  the  Collector  of 
Assessments,  and  the  amount  of  unpaid  assessments  re- 
turned in  accordance  with  section  141,  as  arrears. 

§  145.  Each  of  the  Deputy  Collectors  shall  keep  a  cash 
book,  on  which  shall  be  entered,  immediately  on  the 
receipt  of  each  payment  on  any  assessment,  the  ward, 
and  the  map,  or  the  block  number  of  each  lot  on  which 
payment  is  made,  the  name  of  the  person  making  the  same, 
and  the  date  thereof,  and  the  amount  of  the  assessment 
paid,  and  the  interest  collected  thereon. 


OP   THE   STREET   DEPARTMENT.  117 

§  146.  If  any  collections  shall  be  made  on  any  assessment  Duties  of  coi- 
by  the  Collector  of  Assessments,  all  the  provisions  of  this 
ordinance  in  respect  to  the  books  to  be  kept,  and  the 
entries,  returns  and  affidavits  to  be  made  by  the  Deputy 
Collectors,  shall  also  be  applicable  to  the  Collector  of 
Assessments  in  regard  to  all  collections  made  by  him. 

§  147.  All  the  records,  books,  accounts  and  vouchers  yors  &c 
hereinbefore  provided  to  be  kept  in  this  bureau,  shall  be  Scnt 
held  as  appertaining  thereto,  and  as  the  property  of  the 
Corporation;  except  that  each  Deputy  Collector  may  retain 
one  of  the  triplicate  vouchers  for  payments  made  by  him  to 
the  Collector  of  Assessments,  and  the  Collector  of  Assess- 
ments may  retain  one  of  the  triplicate  vouchers  for  pay- 
ments made  by  him  to  the  Chamberlain. 

§  148-  A  receipt  shall  be  given  by  the  Collector  or  ibid. 
Deputy  Collector,  receiving  any  payment  on  account  of 
any  assessment,  to  the  person  making  the  same;  on  which 
shall  be  stated  the  name  of  the  person  making  the  payment, 
and  the  date  and  amount  thereof;  the  title  of  the  assess- 
ment, and  the  ward,  and  the  map  or  block  number  of 
each  lot,  on  which  payment  is  made;  and  every  such  re- 
ceipt shall  have  printed  conspicuously  thereon,  the  fol- 
lowing words  : 

NOTICE. 

"  The  liens  for  which  payment  has  been  made,  may  be 
discharged  of  record,  in  the  office  of  the  Comptroller,  on 
the  presentation  of  this  receipt  to  the  Clerk  of  Arrears." 

§  149.  It  shall  be  the  duty  of  the  Clerk  of  Arrears  on  ibid, 
presentation  of  any  such  receipt,  to  countersign  the  same; 
and  to  enter,  in  books  to  be  kept  in  his  bureau  for  that 
purpose,  the  title  of  the  assessment  for  which  such  receipt 
was  given,  the  ward,  and  the  map,  or  the  block  number  of 


seXments?8" 


118  OF  THE  STREET  DEPARTMENT. 

each  lot,  on  which  payment  was  made,  as  specified  in  such 
receipt;  the  name  of  the  person  making  such  payment,  and 
the  date  and  amount  thereof;  and  the  date  of  the  presenta- 
tion of  such  receipt  to  the  Clerk  of  Arrears,  and  the  name 
of  the  person  by  whom  presented.  And  it  shall  be  the 
duty  of  the  Clerk  of  Arrears,  once  in  each  week,  to  cause 
the  entries  so  made,  to  be  compared  with  the  accounts  of 
the  Collector  of  Assessments,  of  moneys  paid  to  the  Cham- 
berlain, filed  in  the  office  of  the  Comptroller. 

§  15°-  The  Collector  and  the  Deputy  Collector  shall  each 
receive,  as  compensation  for  their  services,  an  equal  part 
of  two  and  one-half  per  cent,  on  all  items  of  assessments 
collected  by  the  bureau  during  their  term  of  office,  and  of 
two  per  cent,  on  all  unpaid  items  of  assessments  returned 
during  their  term  of  office,  to  the  Bureau  of  Arrears,  for 
which  two  personal  demands  for  payment  have  been  made 
by  the  Collector  or  Deputy  Collectors  on  the  persons  re- 
quired by  law  to  pay   the  same.      No  moneys,  however 
collected  on  any  assessment,  shall  be  retained  on  account 
of  such  fees  or  compensation  ;   but  the  amount  of  fees 
thereon  shall  be  paid  monthly,  on  the  requisition  of  the 
Street  Commissioner,  to  the  extent  of  any  moneys  which 
may  have  been  collected,  and  paid  into  the  city  treasury, 
upon  such  assessment,  or  interest  moneys  accruing  thereon. 
No  moneys  collected  on  any  assessment  shall  be  retained 
on  account  of  the  compensation  herein  provided;  but  such 
compensation  shall  be  paid  by  warrant  of  the  Comptroller, 
on  the  requisition  of  the  Street  Commissioner. 

Amount  of       R  151.  NO  assessment  for  a  less  amount  than  five  dollars, 

Assessments 

shall  hereafter  be  made  on  any  lot,  for  any  improvement; 
the  assessment  for  which  is  required  by  law  to  be  con- 
firmed by  the  Common  Council. 


OP   THE   STREET   DEPARTMENT. 

ARTICLE     XIV. 

OF   SURVEYING. 

§  152.  Whenever  in   the  proper   administration  of  the  Employment 
•duties  of  his  office,  the  Street  Commissioner  may  require  " 

the  services  of  the  City  Surveyor,  he  shall  have  authority 
to  employ  such  one  of  the  City  Surveyors,  as  he  may  ap- 
prove, for  that  purpose. 


§  153.  No  City  Surveyor  employed  by  the  Street  Depart- 
ment,  shall  receive  compensation  therefor,  at  a  greater  JJJjJJg  e{£ 
rate  than  as  follows;  nor  shall  any  surveyor's  bill  be  paid,  partment.De 
unless  the  same  be  first  certified  to  by  the  Street  Commis- 
sioner :  for  a  preliminary  survey,  in  regulating  a  street  or 
avenue,  or  for  making  a  country  road,  for  the  first  line  of 
level,  three  cents  per  lineal  foot,  measuring  through  the 
centre  of  the  street,  avenue  or  road;  and  for  every  ad- 
ditional line  of  levels,  one  cent  per  lineal  foot,  to  be 
measured  in  the  same  manner.  For  a  preliminary  survey 
in  filling  sunken  lots,  one  dollar  and  fifty  cents  per  lot,  of 
two  thousand  five  hundred  square  feet. 

For  grading,  when  done  alone,  five  cents  per  lineal 
foot  ;  measuring  through  the  centre  of  the  street  or 
avenue. 

For  grading,  and  setting  curb  and  gutter,  when  done 
under  the  same  contract,  eight  cents  per  lineal  foot;  mea- 
suring through  the  centre  of  the  street  or  avenue. 

For  grading,  setting  curb  and  gutter  and  flagging,  when 
done  under  the  same  contract,  eleven  cents  per  lineal  foot; 
measuring  through  the  centre  of  the  street  or  avenue. 

For  setting  curb  and  gutter  alone,  three  cents  per  lineal 
foot;  along  the  line  of  the  work  done. 

For  setting  curb  and  gutter  and  flagging,  when  done 
under  the  same  contract,  but  not  in  connection  with  grad- 


120  OP  THE  STREET  DEPARTMENT. 

ing,  four  and  one-half  cents  per  lineal  foot,  along  the  line 
of  curb. 

For  flagging,  when  done  alone,  three  cents  per  lineal 
foot;  along  the  line  of  work  done. 

For  setting  stakes,  making  final  survey,  <fcc.,  in  the 
filling  of  sunken  lots,  one  dollar  and  fifty  cents  per  lot  of 
two  thousand  five  hundred  square  feet. 

For  fencing,  including  the  priliminary  survey,  three 
cents  per  foot. 

For  making  a  country  road,  ten  cents  per  lineal  foot; 
measuring  through  the  centre  of  the  road. 

For  establishing  a  new  grade  line,  one  cent  per  lineal 
foot;  measuring  along  the  line. 

For  assessment  list  and  maps,  three  cents  per  lineal  foot 
of  map  front;  it  being  understood  that  the  Surveyor  shall, 
in  every  case,  furnish  a  duplicate  list  and  map,  without 
additional  charge. 

A  surveyor,  employed  by  the  Street  Commissioner  to 
make  a  survey  for  public  slips,  or  other  purposes,  the  com- 
pensation for  which  is  not  otherwise  provided  for,  shall 
receive  such  compensation  as  shall  be  certified  by  the 
Street  Commissioner. 


SonPofS«ur      §  ^^'  ^n  a^  cases»  wnen  the  same  is  required,  a  protrac- 

lioyed   Ty  tiou,  or  Pr°filej  an(l  sucn  drawings  and  calculations,  shall 

partment.De"  be  furnished  to  the  Street  Commissioner,  as  may  be  re- 

quired by  him,  without  extra  compensation.     A  Surveyor 

shall  be  entitled  to  receive  payment  for  a  preliminary  sur- 

vey, on  the  completion  of  the  same  to  the  satisfaction  of 

the  Street  Commissioner.     He  shall  receive  payment  for 

the  other  services  mentioned  in  this  paragraph,   on   the 

completion  of  the  work,  and  its  acceptance  by  the  Street 

Department. 


OF  THE  STREET  DEPARTMENT.  121 

§  155.  The  amount  paid  for  any  of  the  services  mentioned  Fees  of  city 
In  the  last  section,  whenever  the  same  shall  have  been 
rendered  in  relation  to  any  improvement,   or  work,  for 
which  an  assessment  may  afterwards  be  made,  shall  be  in- 
cluded in  such  assessment. 

§  156.  A  surveyor  shall  be  entitled  to  receive  ten  dol-Ibid- 
lars  for  every  certificate  to  a  contractor,  which  shall  be 
paid  by  the  Street  Commissioner:  the  amount  so  paid  for 
such  certificate  shall  be  deducted  from  the  payment  to  be 
made  to  the  contractor,  on  account  of  the  work  certified  to 
be  done. 


122  OP  THE   LAW   DEPARTMENT. 


CHAPTER  Y. 

OF  THE  LAW  DEPARTMENT. 

ARTICLE  I. — OP  THE  LAW  DEPARTMENT  AND  ITS  BUREAUX 
GENERALLY. 

II. — OP  THE  COUNSEL  TO  THE  CORPORATION  AND 
HIS  CLERKS. 

III. — OP  THE  BUREAU  OP  THE   CORPORATION  AT- 
TORNEY. 

IV. — OF  THE  BUREAU  OP  THE  PUBLIC  ADMINISTRA- 
TOR. 

ARTICLE  I. 

OP  THE  LAW  DEPARTMENT  AND  ITS  BUREAUX  GENERALLY. 

nSnrcae!ofthe  §  1.  The  Law  Department  shall  have  the  charge  of,  and 
meJt.  ei  conduct  all  the  law  business  of  the  Corporation,  and  of 
the  departments  thereof,  and  all  other  law  business  in  which 
the  city  shall  be  interested,  when  so  ordered  by  the  Corpo- 
ration; and  shall  have  the  charge  of,  and  conduct  the  legal 
proceedings  necessary  in  opening,  widening  or  altering 
streets;  and  draw  the  leases,  deeds  and  other  papers,  con- 
nected with  the  Finance  Department. 

Bureaux.  §  2.  There  shall  be  two  bureaux  in  the  Law  Department. 
1.  A  bureau  for  the  prosecution  of  all  actions  for 
violations  of  the  ordinances  of  the  Common  Council? 
or  arising  under  the  charter  of  the  city,  or  under  the 
laws  of  this  State,  where  a  penalty  is  given  to  the  Cor. 
poration,  or  to  the  Overseers  of  the  Poor,  or  to  the 
Alms-house  Department,  and  for  the  conducting  of  all 
proceedings  before  justices,  or  upon  appeal,  in  relation 
to  bastardy  cases  and  prosecutions  upon  bastardy  and 
abandonment  bonds;  to  be  called  the  Bureau  of  the 
Corporation  Attorney, 


OF   THE   LAW   DEPARTMENT.  123 

2.  A  bureau  for  the  administration  of  the  estates  of 
persons  dying  intestate,  where  no  other  administrator 
is  appointed,  to  be  called  the  Bureau  of  the  Public 
Administrator. 

ARTICLE  II. 

OF  THE  COUNSEL  TO  THE  CORPORATION  AND  HIS  CLERKS. 

§  3.  The  chief  officer  of  the  Law  Department  shall  be  de-  counsel. 
nominated  the  Counsel  to  the  Corporation. 

§  4.  The  Counsel  to  the  Corporation  %hall,  before  enter-  Bondorcoun- 

scl 

ing  upon  the  duties  of  his  office,  execute  a  bond  to  the  Cor- 
poration, with  two  sufficient  sureties,  to  be  approved  by 
the  Mayor,  and  filed  in  the  office  of  the  Comptroller,  in  the 
penal  sum  of  five  thousand  dollars,  conditioned  for  the 
faithful  performance  of  the  duties  of  his  office. 

§  5.  He  shall,  from  time  to  time,  when  required,  advise  Duties  or  the 

Counsel. 

the  Common  Council,  the  Board  of  Supervisors  and  the 
Board  of  Health,  and  their  committees  and  officers  respec- 
tively, and  the  liead  of  any  department  or  bureau  of  the 
Corporation,  upon  all  matters  which  may  be  submitted  to 
him  for  his  opinion. 

§  6.  He  shall  draw  such  ordinances  as  may  be  required  Ibid- 
of  him  by  either  Board  of  the  Common  Council,  or  by  any 
committee  thereof. 

§  7.  He  shall,  when  required  by  the   Common  Council, Ibid- 
prepare  the  draft  of  any  bill  to  be  presented  by  the  Corpo- 
ration of  the  city  to  the  Legislature,  for  passage,  with  a 
proper  memorial  for  the  passage  thereof. 

§  8.  He  shall  draw  the  leases,  deeds  and  other  papers  ibid- 
connected  with  the  Finance  Department,  and  all  contracts 
for  any  of  the  other  departments  of  the  Corporation,  when 
so  required  by  the  head  of  the  department. 


124  OF   TKE   ^w   DEPARTMENT. 

Duties  of  the      &  9.  He  shall  prosecute  and  defend,  as  the  Attorney  and 

Co  mis  6 1 

Counsel  to  the  Corporation,  all  actions  which  may  be 
brought  by  or  against  them,  or  any  of  the  heads  of  de- 
partment, or  bureaux,  or  any  officer  thereof,  for  or  by  reason 
of  any  matter  or  duty  connected  with  or  growing  out  of 
their  respective  offices,  or  in  which  the  Corporation  are 
interested,  in  any  court  in  this  state,  except  actions  by  or 
against  the  Public  Administrator,  as  provided  in  section 
40,  and  actions  for  violations  of  the  ordinances  of  the 
Common  Council^  or  arising  under  the  charter  of  the  city, 
or  under  the  laws  of  this  state,  where  a  penalty  is  given  to 
the  Corporation,  or  to  the  Overseers  of  the  Poor,  or  to 
the  Alms-house  Department,  and  except  proceedings  before 
Justices,  or  upon  appeal,  in  relation  to  bastardy  cases  and 
prosecutions  upon  bastardy  and  abandonment  bonds, 

n>id.  §  10.  When  he  shall  recover  a  debt  due  to  the  Corpora- 

tion, which  may  have  been  placed  in  his  hands  for  collec- 
tion, he  shall  forthwith  render  an  account  thereof,  under 
oath,  to  the  Comptroller,  stating  the  nature  of  the  debt 
the  person  against  whom  it  was  recovered,  and  the  amount 
and  time  of  the  recovery,  and  shall  immediately  thereupon 
pay  over  the  amount  so  received  to  the  Chamberlain.  He 
shall  also  thereupon  receive  from  the  Chamberlain  a 
voucher  for  the  payment  thereof,  which  he  shall  forthwith, 
on  the  same  day,  exhibit  to  the  Comptroller,  and  shall,  at 
the  same  time,  leave  with  him  a  copy  thereof. 

n>id.  §  11.  He  shall,  on  the  twentieth  day  of  December,  in 

each  year,  report  to  the  Common  Council  the  titles  of  all 
actions  in  his  hands,  prosecuted  or  defended  by  him,  as  pro- 
vided in  section  9  of  this  chapter,  and  then  pending  and 
undetermined,  with  such  other  information  in  respect  there, 
to  as  he  may  deem  necessary  or  proper. 


Ibid. 


12.  He  shall  keep,  in  proper  books,  to  be  provided  for 


OF  THE  LAW  DEPARTMENT.  125 

that  purpose,  a  register  of  all  actions  prosecuted  or  defend- 
ed by  him,  as  provided  in  section  9  of  this  chapter,  and  all 
proceedings  had  therein. 

§13.  He  shall,  on  the  first  Monday  of  January,  April,  * the 
July  and  October,  in  each  year,  furnish  to  the  Comptroller 
an  account,  under  oath,  of  all  disbursements  which  he  may 
have  made  in  conducting  the  actions  prosecuted  or  defended 
by  him,  as  provided  in  section  9  of  this  chapter;  and  upon 
being  satisfied  of  the  correctness  thereof,  the  Comptroller 
shall  draw  his  warrant  in  favor  of  the  Counsel  for  the 
amount  so  disbursed. 

§  14.  The  compensation  to  be  paid  to  the  Counsel  to  the 
Corporation,  for  all  the  services  he  may  be  required  to  ren- 
der,  shall  be  as  fixed  by  law.  He  shall,  nevertheless,  be 
entitled  to  receive,  in  addition,  from  parties  other  than  the 
Corporation,  his  proper  fees  and  necessary  disbursements, 
and  the  taxable  costs  in  all  actions  and  proceedings  which 
may  be  conducted,  prosecuted  or  defended  by  him  as  such 
counsel,  as  provided  in  section  9  of  this  chapter. 

§15.  Upon  the  expiration  of  his  term  of  office,  or  his  {5JJ5JJelof  ^ 
resignation  thereof,  or  removal  therefrom,  the  Counsel  to 
the  Corporation  shall  forthwith,  on  demand,  deliver  to  his 
successor  in  office  all  deeds,  leases,  contracts  and  other 
papers  in  his  hands,  belonging  to  the  Corporation,  or  de- 
livered to  him  by  the  Corporation,  or  any  of  its  officers* 
and  all  papers  in  actions  prosecuted  or  defended  by  him, 
as  provided  in  section  9  of  this  chapter,  then  pending  and 
undetermined,  together  with  his  register  thereof,  and  of 
the  proceedings  therein,  and  a  written  consent  of  substi- 
tution of  his  successor,  in  all  such  actions  then  pending 
and  undetermined. 

§  16.  He  shall,  from  time  to  time,  report  to  the  Com-  ibid. 
o     n  Council  the  condition  of  the  Law  Department,  and 


126  °F   THE   LAW    DEPARTMENT. 

shall  suggest  such  improvements  and  alterations,  in  respect 
thereto,  as  he  shall  deem  necessary  or  proper. 

uw^D^Jt-  §  I?-  There  shall  be  two  clerks  in  the  Law  Department> 
to  be  denominated  respectively  the  First  and  Second  Clerks 
of  the  Counsel  to  the  Corporation,  who  shall  prepare  and 
copy  such  papers  relating  to  the  department,  and  perform 
such  other  services  in  relation  thereto,  as  the  Counsel  to 
the  Corporation  shall  direct. 

Additional         §ig.  The  Counsel  to  the  Corporation  is  authorized  to 

Counsel. 

employ  additional  counsel  to  aid  in  the  trial  or  argument 
of  causes  or  proceedings  of  importance  in  which  the  city 
may  be  a  party  interested. 

oompensa-        §  19.  The  Comptroller  of  the  city  of  New  York  is  here- 

tionmlieuof  J 

oierknire.  foy  authorized  and  directed  to  allow  and  pay  to  the  Coun- 
sel to  the  Corporation,  in  monthly  payments,  the  annual 
sum  of  eight  thousand  dollars,  in  lieu  of  all  charges  against 
the  Corporation  for  clerical  assistance  and  clerk  hire  in 
the  conduct  of  his  business. 

ARTICLE  III. 

OF  THE  BUREAU  OP  THE  CORPORATION  ATTORNEY. 

General  cog-      s  20.  This  bureau,  the  chief  officer  of  which  shall   be 

nlzancea     of 

of6  coBrpoeiaaU  called  the  Corporation  Attorney,  is  charged  with  the  pros- 
uon  Attorney  ecution  Of  an  actions  for  violations  of  the  ordinances  of 
the  Common  Council,  or  arising  under  the  charter  of  the 
city,  or  under  the  laws  of  this  state,  where  a  penalty  is 
given  to  the  Corporation,  or  to  the  Overseers  of  the  Poor, 
or  to  the  Alms-house  Department,  and  with  the  conducting 
of  all  proceedings  before  Justices,  or  upon  appeal,  in  rela- 
tion to  bastardy  cases,  and  the  prosecution  of  bastardy  and 
abandonment  bonds. 

Oration116      § 21'  Tlie  Corporation  Attorney  shall,  before  entering 
Attorney.     Up0n  tiie  ^ties  of  his  office,  execute  a  bond  to  the  Corpo 


OF   THE   LAW   DEPARTMENT.  127 

ration,  with  one  or  more  sureties,  to  be  approved  by  the 
Comptroller,  in  the  penal  sum  of  two  thousand  dollars, 
conditioned  for  the  faithful  performance  of  the  duties  of 
his  office. 

§22.  He  shall  institute  an  action  in  any  of  the  cases  Duties  of  the 

Corporation 

mentioned  in  section  20  of  this  chapter,  when  instructed  to  Attorney. 
do  so  by  the  Common  Council,  or  the  chief  officer  of  any 
department  or  bureau,  or  upon  the  complaint  of  any  other 
person,  when  in  his  judgment  the  public  interest  requires 
that  the  same  shall  be  prosecuted. 

§  23.  He  may  compromise  with  the  party  complained  of'  i^id. 
either  before  or  after  an  action  shall  have  been  brought 
for  any  violation  of  an  ordinance  of  the  Common  Council, 
where  the  penalty  does  not  exceed  twenty-five  dollars,  and 
where,  in  his  judgment,  the  public  interest  does  not  require 
that  an  action  should  be  prosecuted  therefor. 

§  24.  In  all  actions   which   he   is   required  by   section  ™& 
20  of  this  ordinance  to  prosecute,  he  shall  appear  as  the 
Attorney  and  Counsel  of  the  Corporation. 

• 

§  25.  He   shall   not  bring  an  appeal  in   any   action  in Ibi<L 
which  judgment  shall  have  been  given  against  the  Corpo- 
ration, except  with  the  consent  of  the  Counsel  to  the  Cor- 
poration, or  by  direction  of  the  Common  Council. 

§  26.  He  shall,  on  the  first  Thursday  in  each  month,  re-  ibid. 
port  to  the  Comptroller  a  statement,  under  oath,  of  the 
actions  instituted  by  him,  and  settled  before  judgment;  of 
the  complaints  compromised  by  him,  in  which  no  action 
shall  have  been  commenced,  and  of  all  actions  prosecuted 
to  judgment,  with  the  result  thereof,  whether  for  or  against 
ike  Corporation,  and  whether  an  execution  has  been  issued 
thereon;  and,  if  so,  whether  it  has  been  collected;  and  shall 
icclude  therein  a  particular  account,  item  by  item,  of  all 


128  OF   THE  LAW   DEPARTMENT. 

penalties  or  other  moneys  which  he  may  have  received  for 
the  Corporation,  and  from  whom  they  were  received  re- 
spectively, and  on  what  account  and  when  paid.  He  shall 
also  state  therein,  item  by  item,  an  account  of  officers'  or 
court  fees  paid  by  him,  and  on  what  account  and  when 
they  were  respectively  paid,  and  shall  exhibit  at  the  foot 
of  the  account  the  balance  thereof,  whether  for  or  against 
the  Corporation. 

Duties  or  the      §27.  If  the  account  shall  exhibit  a  balance  in  his  hands 

Corporation 

Attorney.  jn  favor  Of  the  Corporation,  he  shall  forthwith  pay  over 
such  balance  to  the  Chamberlain,  and  shall  thereupon  re- 
ceive from  the  Chamberlain  a  voucher  for  the  payment 
thereof,  which  he  shall  forthwith,  on  the  same  day,  exhibit 
to  the  Comptroller,  and  shall,  at  the  same  time,  leave  with 
him  a  copy  thereof. 

§28.  If  the  account  exhibit  a  balance  against  the  Cor- 
poration,  the  Comptroller,  upon  being  satisfied  of  the  cor- 
rectness thereof,  shall  draw  a  warrant  in  favor  of  the  Cor- 
poration Attorney  for  the  amount  of  such  balance;  but  in 
every  such  case  he  shall  report  the  fact,  with  the  account 
so  rendered  to  the  Common  Council. 

Ibid. 

§  29.  Every  officer  employed  by  the  Corporation  At- 
torney to  serve  process  in  an  action  brought  by  him,  in  the 
name  of  the  Corporation,  shall  pay  to  the  Corporation  At- 
torney all  moneys  which  he  may  receive,  both  for  penalty 
and  costs,  upon  a  judgment;  and  the  Corporation  Attorney 
shall,  at  least  once  in  each  month,  pay  every  officer  so  em- 
ployed by  him  his  legal  costs  and  fees. 

Ibid-  §  30.  He  shall,   on   the  twentieth   day  of  December  in 

each  year,  report  to  the  Common  Council  the  titles  of  all 
the  actions  in  his  hands,  which  he  is  authorized,  by  section 
20  of  this  ordinance,  to  proseaute  on  balialf  of  the  Cor- 
poration, then  pending  and  undetermined,  with  the  state 


OF  THE  LAW  DEPAETMENT.  129 

thereof,  and  with  such  other  information,  in  respect  thereto, 
as  he  may  deem  necessary  or  proper. 

6  31.  He  shall  keep,  in  proper  books,  to  be  provided  for  Duties  of  cor- 
poration At- 
that  purpose,  a  register  of  all  actions  prosecuted  by  him,  tomey. 

pursuant  to  section  20,  of  this  chapter,  and  of  all  proceed- 
ings had  therein. 

§  32.  The  salary  to  be  paid  to  the  Corporation  Attorney  compensa- 
shall  be  a  full  compensation,  as  between  him  and  the  Cor- 
poration, for  all  the  services  he  may  be  required  to  render 
by  this  chapter;  but  he  shall  nevertheless  be  entitled  to  re- 
ceive from  adverse  parties  the  taxable  costs  in  all  actions 
in  which  he  may  recover  judgment  against  them. 

§  33.  Upon  the  expiration  of  his  term  of  office,  or  his  poSi? CAt- 
resignation  thereof,  or  removal  therefrom,  the  Corporation toruey- 
Attorney  shall  forthwith,  on  demand,  deliver  to  his  succes- 
sor in  office  all  papers  in  his  hands  belonging  to,  or  deliv- 
ered to  him  by  the  Corporation  or  the  Alms-house  Depart 
ment,  or  any  of  their  officers,  and  all  papers  in  actions 
prosecuted  by  him,  as  authorized  by  section  20  of  this  chap- 
ter, and  which  are  then  pending  and  undetermined,  together 
with  his  register  thereof,  and  of  the  proceedings  therein, 
and  a  written  consent  of  substitution  of  his  successor  in  all 
such  actions  then  pending  and  undetermined. 

§  34.  TL or 0  shall  be  two  clerks  in  this  bureau,  to  be  de-  cierks    and 
nominated  respectively  the  Fir«t  and  Second  Clerks  of  the  %  Bureau  of 

*  Corporation 

Corporation  Attorney,  who  shall  prepare  and  copy  such  Attorney 
papers  relating  to  this  bureau,  and  perform  such  other 
services,  in  relation  thereto,  as  the  Corporation  Attorney 
shall  direct.  The  First  Clerk  shall  receive  an  annual  salary 
of  twelve  hundred  and  fifty  dollars,  and  the  Second  Clerk 
shall  receive  an  annual  salary  of  one  thousand  dollars. 
There  shall  be  a  Messenger  in  this  bureau,  who  shall  re- 
ceive an  annual  salary  of  two  hundred  and  fifty  dollars. 


130  OF   THE    LAW   DEPARTMENT. 

§  35.  In  lieu  of  all  salary,  allowance  Or  compensation 


tiou  of  Corpo- 

ration Attor-  paid  to  the  Corporation  Attorney,  there  shall  be  paid  to 
said  Attorney  an  annual  salary  of  five  thousand  dollars, 
and  no  more,  which  shall  be  in  full  compensation  to  him 
for  all  services  he  is  required  to  render  under  the  charter 
of  the  city,  or  the  ordinances  of  the  Common  Council  of 
the  city  of  New  York,  or  the  laws  of  this  state,  or  for  any 
other  duty  he  may  discharge,  or  service  he  may  render. 

ARTICLE   IV. 

OF  THE  BUREAU  OF  THE  PUBLIC  ADMINISTRATOR. 

General  cog-      §  36.  This  bureau,  the   chief  officer  of  which,  shall  be 
Bureau.?      called  the  Public  Administrator,  is  charged  with  the  ad- 

ministration of  the  estates  of  persons  dying  intestate,  where 

no  other  administrator  is  appointed. 

ncnAdLSis"  §  ^'  ^ne  Public  Administrator  shall,  before  entering 
trator.  UpOn  tke  duties  of  his  office,  execute  a  bond  to  the  Corpo- 
ration, with  such  sureties  as  shall  be  approved  by  the 
Mayor  or  Recorder  of  the  city  of  New  York,  in  the  penal 
sum  of  ten  thousand  dollars,  conditioned  for  the  faithful 
discharge  of  all  duties  enjoined  on  him  by  law,  and  par- 
ticularly that  he  will  account  for  and  pay  over  all  moneys 
and  property  which  may  come  to  his  hands  as  such  admin" 
istrator,  according  to  law. 

Duties  of          §  33.  He  shall  possess  the  powers  and  perform  the  duties 
mmistrator,   conferred  and  imposed  upon  him  by  the  laws  of  this  state. 

ibid.  §  39.  He  shall  furnish  the  Comptroller  with  copies  of  all 

letters  of  administration  which  shall  be  granted  by  him, 
within  three  days  after  the  granting  thereof. 

Sunseinplojr  §  40.  He  may  employ  an  attorney  or  counsel  in  any  ac- 
tion commenced  by  or  against  him,  where  the  creditors,  or 
persons  interested  in  the  distribution  of  the  estate,  shall  ad- 
vise or  assent  to  the  prosecution  or  defence  thereof,  and 


OP   THE   LAW   DEPARTMENT.  131 

where  the  funds  belonging  to  the  estate  are  sufficient  to 
pay  the  costs  and  fees  incurred  therein.  But  in  no  such 
case  shall  a  charge  for  costs  or  fees  be  made  against  the 
Corporation  by  the  Public  Administrator,  or  by  the  attor- 
ney or  counsel  employed  by  him. 

6  41.  He  shall,  on  the  20th  day  of  December  in  each  year,  Duties  or 

Public      Ad. 

report  to  the  Common  Council  the  titles  of  all  actions  pros-  muustrator. 
ecuted  by  or  against  him,  and  then  pending  and  undeter- 
mined, with  such  other  information  in  respect  thereto  as  he 
may  deem  necessary  or  proper. 

§  42.  He  shall  report  to  the  Comptroller,  on  the  first  aw. 
Thursday   in   each  month,  and  oftener,  if  required,  the 
amount  of  money  received  by  him  since  his  last  return,  on 
account   of   any   estate  upon    which   he   shall  have    ad- 
ministered. 

§  43.  He  shall  render  to  the  Common  Council,  on  the  n>id. 
first  day  of  January  in  each  year,  or  within  fourteen  days 
after  that  day,  a  statement,  on  oath,  and  in  a  tabular  form, 
of  the  following  particulars  in  each  case  in  which  he  shall 
have  taken  charge  of  and  collected  any  effects,  or  in  which 
he  shall  have  administered  on  any  estate  during  the  pre- 
ceding year. 

1.  The  name  of  the  deceased; 

2.  His  occupation; 

3.  The  place  of  his  residence  at  the  time  of  his  death; 

4.  The  country  or  place  from  which  he  came,   if  he 

were  not  a  resident  of  this   state  at  the  time  of 
his  death; 

5.*  The   moneys  received    for   commissions  and    ex- 
penses; 

6.  The  total  amount  of  his  receipts  and  expenditures; 

7.  The    total   amount   of  debts  ascertained  and  al- 

lowed: 


132  OF  THE  LAW  DEPARTMENT, 

8.  The  amount  of  costs; 

9.  The  amount  distributed; 

10.  The  date  of  the  letters  of  administration. 

§  44.  He  shall,  at  the  same  time,  report  to  the  Common 
Council  a  transcript  of  such  of  his  accounts  as  have  been 
closed  or  finally  settled,  and  of  those  on  which  any  money 
has  been  received  by  him  as  part  of  the  proceeds  of  any  es- 
tates on  which  he  has  administered  ;  he  shall  deposit  all 
moneys  by  him  collected  and  received,  as  required  by  law, 
in  such  bank  as  the  Counsel  to  the  Corporation  shall  de- 
signate. 

ttld-  §  45.  The  Public  Administrator  must  deposit  all  moneys 

by  him  collected  and  received,  within  two  days  after  the 
receipt  thereof,  in  the  bank  designated  in  the  last  section, 
to  the  joint  credit  of  himself  and  the  Comptroller,  except 
so  much  as  may  be  necessary  to  pay  the  current  expenses  of 
any  proceedings  authorized  by  law,  to  be  allowed  by  the 
Surrogate,  and  which  shall  not  exceed  twenty  dollars  in 
any  one  case. 

§  46.  He  shall,  whenever  required,  exhibit  to  the  Comp- 
troller the  bank  book  showing  such  deposits,  and  all  other 
vouchers  and  documents  relating  to  his  office. 

Honeys  how  §  47.  The  money  so  deposited  can  be  drawn  out  only  on 
the  joint  check  of  the  Public  Administrator  and  the  Comp- 
troller, in  the  cases  where,  by  law,  the  Public  Administrator 
is  required  to  pay  out  moneys;  and  the  Comptroller  must 
preserve  a  register  of  all  checks  signed  by  him,  as  a  part  of 
the  documents  of  his  office. 

ibid.  §48.  The   Comptroller,   before   signing   any   check  for 

money  so  deposited,  shall  examine  the  bank  book  showing 
the  deposit,  and  the  vouchers  on  which  the  check  is  required 
to  be  drawn,  and  shall  satisfy  himself  fully  as  to  the  cor- 


OP   THE   LAW  DEPARTMENT.  133 

rectness  thereof;  and  in  case  of  doubt  or  difficulty,  he 
shall  report  the  case  to  the  Common  Council  for  their 
direction. 

§  49.  The  Comptroller  may  distribute  and  pay  any  un-  Moneys,  how 
administered  balance  of  an  intestate's  estate,  remaining 
in  the  city  treasury,  to  the  persons  legally  entitled  thereto, 
whenever  he  and  the  Public  Administrator  shall  be  satis- 
fied that  the  person  claiming  the  same  is  legally  entitled 
thereto;  but  if  they  be  not  satisfied  thereof,  they  shall  re- 
port the  case  to  the  Common  Council  for  their  direction. 


134  OP   THE    CROTON    AQUEDUCT  BOARD. 

CHAPTER  VI. 

OF  THE  CROTON  AQUEDUCT  BOARD. 

ARTICLE  I. — OF  THE  CROTON  AQUEDUCT  BOARD  AND  ITS 

BUREAUX  GENERALLY, 
II. — OF  THE  CROTON  AQUEDUCT  BOARD. 
III. — OF  THE  BUREAU  OF  THE  WATER  REGISTRAR 

AND  THE  SCALE  OF  WATER  RENTS. 
IV. — OF  THE  BUREAU  OF  THE  WATER  PURVEYOR. 
V. — GENERAL  PROVISIONS. 

ARTICLE  I. 

OF  THE  CROTON  AQUEDUCT  BOARD  AND  ITS  BUREAUX 
GENERALLY. 

duties  of  the  §  1.  The  Executive  Department  called  the  Croton  Aque- 
duct Board,  is  invested,  by  the  laws  of  this  State,  with  the 
following  powers  and  duties  :  • 

1.  With  the   direction    and  settlement  of  all  suits, 

claims  and  demands  against  the  Corporation,  or 
against  the  Water  Commissioners  of  the  city  of 
New  York,  created  by  the  act  for  the  appoint- 
ment of  Water  Commissioners  by  the  Governor 
and  Senate  for  the  city  of  New  York,  passed 
May  2,  1834. 

2.  With  the  charge  of  the  Croton  Aqueduct,  and  all 

structures  and  works  and  property  connected 
with  the  supply  and  distribution  of  water  to  the 
city  of  New  York,  and  the  underground  drainage 
of  the  same ;  and  of  the  public  sewers  of  the 
city  ;  and  of  permits  for  street  vaults  ;  and  of 
paving,  repaving  and  repairing  streets,  and  dig- 
ging and  constructing  wells  ;  and  the  collection 
of  the  revenues  arising  from  the  sale  of  the  Cro- 


OF   THE    CROTON    AQUEDUCT   BOARD.  135 

ton  water  ;  with  such  other  powers   and  duties  £^eesrs 
as  shall  or  may  be  prescribed  by  law. 

3.  With  the  preservation  of  the  Croton  lake  and 
waters ;  with  the  preservation  of  the  banks  of 
the  Croton  river  from  injuries  or  nuisances  ;  with 
the  execution  of  such  measures  as  may  be  neces- 
sary to  preserve  and  increase  the  quantity  of 
water  and  keep  it  pure  ;  with  the  management, 
preservation  and  repairs  of  the  dam,  gates,  aque- 
duct, high  bridge,  reservoirs,  mains,  pipes,  pipe- 
yard,  and  property  of  every  description,  belonging 
to  the  Water  Works  ;  and  they  shall  have  the 
construction  of  such  new  works,  and  the  purchase 
and  laying  down  of  such  mains  and  pipes  as  the 
Common  Council  may  authorize  ;  and  also  the 
construction,  repairs  and  cleansing  of  all  the 
sewers  and  underground  drains,  but  subject  to 
the  orders  and  directions  of  the  Common  Coun- 
cil, as  to  the  times  and  places  of  building  new 
sewers,  and  to  the  general  plan  which  has  been  or 
may  be  adopted  for  the  sewerage  and  drainage  of 
the  city.  They  shall  be  responsible  for  the  sup- 
ply of  water,  and  the  good  order  and  security  of 
all  the  works  from  the  Croton  lake  to  the  city 
inclusive,  for  the  exactness  and  durability  of  the 
structures  which  may  be  erected,  and  of  the  daily 
work  to  be  performed,  and  for  the  sufficiency  of 
the  supply  in  the  pipe-yard  to  meet  every  casualty, 
and  for  the  fidelity,  care  and  attention  of  all  per- 
sons employed  by  the  Department  in  watching  the 
works,  and  in  making  constructions  and  repairs; 
and  shall  inspect  thoroughly  the  interior  of  the 
aqueduct,  and  make  the  necessary  repairs,  at 
least  twice  in  each  year. 


136  OF  THE   CROTON   AQUEDUCT  BOARD. 

Bureaux.  §  2.  There  shall  be  two  bureaux  in  the  Croton  Aqueduct 
Department. 

1.  A  bureau  for  the  collection  of  the  revenue  derived 

from  the  sale  of  the  Croton  water  ;  and  the  chief 
officer  thereof  shall  be  called  the  Water  Regis, 
trar. 

2.  A  bureau  for  the   laying  of  water   pipes  and  the 

construction  and  repairs  of  sewers,  wells  and 
hydrants,  and  the  paving,  repaying  and  repairing 
of  streets :  the  chief  officer  of  which  shall  be 
called  the  Water  Purveyor. 

ARTTlifcE  II. 

OF  THE  CROTON  AQUEDUCT  BOARD. 

Sgsc°t?e      §3.  The  chief  officers  of  the  Croton  Aqueduct  Board 
BoanL         shall  be  called  the  President,   Engineer,   and  Assistant 
Commissioner;  who,  together,  shall  form  the  Croton  Aque- 
duct Board,  and  shall  hold  their  offices  for  five  years. 

salaries.  §  4.  The  salaries  of  the  officers  composing  the  Croton 

Aqueduct  Board  shall  be  as  follows  :  For  the  President- 
Commissioner,  three  thousand  dollars  per  annum  ;  for  the 
Commissioner-Engineer,  five  thousand  dollars  per  annum- 
for  the  Assistant  Commissioner,  three  thousand  dollars  per 
annum. 

contract.  g  5^  ^j}  contracts  for  materials  or  work  for  the  Croton 
Aqueduct,  or  for  the  construction,  repair  or  cleaning  Of 
sewers  and  underground  drains,  shall  be  made  by  the 
Croton  Aqueduct  Board;  and  bonds,  for  the  faithful  per. 
formance  thereof,  shall  be  approved  and  taken  by  them. 

MaoD?73Ut  °f  § 6-  ^  moneys  payable  by  the  Corporation  for  the 
performance  of  the  contracts  mentioned  in  the  last  sec- 
tion, or  for  work  done  by  authority  of  the  Croton  Aque- 
duct Board,  and  all  bills  or  accounts  for  the  salaries  of 


OF  THE    CROTON   AQUEDUCT   BOARD.  137 

the  officers  and  men  attached  thereto,  and  for  blank 
books,  paper,  and  contingencies  of  the  Department,  shall 
be  paid  by  the  warrant  of  the  Comptroller,  upon  the 
requisition  of  the  Croton  Aqueduct  Board,  against  the 
appropriation  applicable  thereto,  and  all  such  contracts 
and  accounts  shall  be  kept  and  filed  in  the  office  of  the 
Croton  Aqueduct  Board. 

§  7.  No  new  works  connected  with   the  Croton  Aque-  work,    how 

authorized. 

duct  shall  be  constructed,  nor  shall  any  mains  or  pipes 
be  purchased  or  laid  down,  or  new  sewers  constructed, 
except  with  the  authority  of  the  Common  Council;  and 
except  also,  that  in  case  of  any  unexpected  casualty  or 
damage  to  the  pipes,  reservoirs  or  other  structures  con- 
nected with  the  aqueduct,  the  Croton  Aqueduct  Board 
shall  take  immediate  measures  for  the  preservation  and 
repair  of  the  same;  the  expense  of  which  shall  be  paid  on 
their  requisition  by  the  warrant  of  the  Comptroller. 

§  8.  All  sewers  and  drains  in  any  of  the  streets,  avenues  sewers  and 
or  public  places  in  the  city,  shall  be  under  the  charge  of Dl 
the  Croton  Aqueduct  Board,  who  shall  keep  the  same  in 
good  order  and  condition,  and  clean  and  free  from  obstruc- 
tions, and  shall  cause  such  repairs,  to  be  made  to  them  and 
to  the  receiving  basins,  culverts  and  openings  connected 
therewith,  as  may  from  time  to  time  become  necessary. 
Such  sewer  culverts  shall  be  cleaned  at  night  and  not  in 
the  day  time. 

§9.  The   Croton  Aqueduct  Board   shall  prescribe  theitid. 
mode  of  piercing  or  opening  any  of  the  sewers  or  drains 
and  the  form,  size  and  material  of  which  connections  made 
therewith  shall  be  composed. 

§  10.  They  may,  with  the  consent  of  the  Street  Com-  private 
missioner,   grant  permission  to   persons  to   construct,  at  £M«.  * 
10 


138  OF  THK   CROTON   AQUEDUCT  BOARD* 

their  own  expense,  sewers  or  drains,  or  to  lay  pipes  to 
connect  with  any  sewers  or  drains  built  in  any  of  the 
.streets  or  avenues  in  the  city,  on  being  furnished  with  the 
•written  consent  of  the  owners  of  a  majority  of  the  proper- 
ty upon  the  street  through  which  such  sewer,  drain  or  pipe 
is  to  pass;  but  such  permission  shall  not  be  granted  except 
upon  the  agreement,  in  writing,  of  the  persons  applying 
therefor,  that  they  shall  comply  with  the  ordinances  in 
relation  to  excavating  the  streets;  that  they  will  indemnify 
the  Corporation  for  any  damages  or  costs  to  which  they 
may  be  put,  by  reason  of  injuries  resulting  from  neglect  or 
carelessness  in  performing  the  work  so  permitted,  and  that 
no  claim  will  be  made  by  them  or  their  successors  in 
interest  against  the  Corporation,  if  the  work  so  permitted 
he  taken  up  by  authority  of  the  Common  Council,  or  for 
exemption  from  an  assessment  lawfully  imposed  for  con- 
structing sewers  or  drains  in  the  same  vicinity;  and  upon 
the  further  condition  that  the  Common  Council  may,  at  any 
time,  revoke  suchpermi-sion,  and  direct  such  sewers,  drains 
or  pipes  to  be  taken  up  or  removed. 

Private  §  11.  If  any  connection  or  opening  be  made  into  any 

ers,  &c.  sewer  or  drain  'without,  the  permission  authorized  in  the 
last  section,  or  in  a  mode  different  from  that  prescribed 
th<H\efor,  the  person  making  such  connection  or  opening, 
and  the  -owner  directing  it,  shall  respectively  be  liable  to 
a  penalty  of  fifty  dollars. 

jj^  §  12.  All  openings   into    sewers  or  drains  for  the  pur- 

pose of  making  a  oonnection  therewith  from  any  house, 
cellar,  vault,  yard  or  other  premises,  shall  be  made  by 
parsons  licensed,  or  to  be  licensed,  in  writing,  for  that  pur- 
pose, by  the  Croton  Aqueduct  Board. 

aw.  §  13.  Every  person  who  now  is  or  who  shall  be  licensed 

as  provided  in  the  last  section,  shall,  before  performing 


OF   THE    CROTOX   ARUEDUCT  BOARD.  139 

-•any  work  authorized  thereby,  execute  and  deposit  in  the 
Croton  Aqueduct  Department  a  bond  to  the  Corporation, 
in  the  sum  of  one  thousand  dollars,  with  one  or  more  suf- 
ficient sureties,  to  be  approved  by  the  President  of  the 
Board,  conditioned  that  he  will  faithfully  make  the  open, 
ing  into  such  sewers  or  drains;  that  he  will  leave  no 
obstructions,  of  any  description  whatever,  therein;  that 
he  will  properly  close  up  the  sewers  or  drains  so  opened; 
that  he  will  make  no  opening  into  the  arch  of  any  sewer 
or  drain;  that  he  will  comply  with  the  ordinances  in  rela- 
tion to  excavating  the  streets,  and  that  he  will  indemnify 
the  Corporation  of  and  from  all  accidents  and  damage 
consequent  thereupon,  for  or  by  reason  of  any  opening  in 
any  street,  lane  or  avenue  made  by  him,  or  by  those  in 
his  employment,  for  the  purpose  of  putting  down  any 
service  pipe  or  pipes  for  the  introduction  of  the  Croton 
water,  or  for  making  any  connection  with  any  public  or 
.private  sewer,  or  for  any  other  purpose  or  object  what- 
ever; and  that  he  will  also  replace  and  restore  the  stree* 
pavement  over  such  opening,  to  as  good  state  and  condi- 
tion as  he  found  it,  and  keep  and  maintain  the  same  in 
good  order,  to  the  satisfaction  of  the  Water  Purveyor,  for 
the  period  of  six  months  next  thereafter. 

§  14.  There  shall  be  paid  to  the  President  of  the  Croton  Private  ?ew- 

ers,   Drains, 

Aqueduct  Board,  for  the  use  of  the  Corporation,  for  every  &c. 
permit  to  connect  with  a  sewer  or  drain  from  any  house? 
store  or  building,  the  sum  of  ten  dollars;  and  for  every 
hotel,  boarding-house,  or  public  building  covering  more 
than  twenty-five  by  fifty  feet,  an  additional  sum  in  that 
proportion. 

§  15.  There  shall  be  paid  to  the  President  of  the  Croton  jbid. 
Aqueduct  Board,  for  the  use  of  the  Corporation,  for  every 
permit  to  connect  with  a  sewer  or  drain  from  a  manufac- 
tory, brewery,  distillery,  or  the  like,  for  the  purpose  of 


140  OF  THE  CROTON  AQUEDUCT  BOARD. 

carrying  off  water  or  fluid  which  shall  not  deposit  sedi- 
ment or  obstruction,  such  sum  as  shall  be  fixed  by  the 
Croton  Aqueduct  Board. 


Person  obtaining  a  permit  as  provided  in  the 
last  section,  who  shall  permit  any  substance  which  shall 
form  a  deposit  or  obstruction  in  a  sewer,  drain  or  receiv- 
ing basin,  to  flow  into  the  same,  shall  be  liable  to  a  penalty 
of  fifty  dollars  for  each  offense. 

iwd.  §17.  The   President   of  the    Croton   Aqueduct  Board 

shall  keep  a  record  of  all  permits  granted  by  that  Board 
for  connections  with  sewers  or  drains,  in  which  he  shall 
enter  the  names  of  all  persons  from  whom  he  may  receive 
money  for  such  permits,  with  the  amount  received  from 
each  person,  and  the  time  when  it  was  received.  He 
shall  render  an  account  thereof,  under  oath,  item  by  item, 
to  the  Comptroller,  on  Thursday  of  each  week,  and  shall 
thereupon  pay  over  the  amount  so  received  to  the  Cham- 
berlain. He  shall  also  thereupon  receive  from  the  Cham- 
berlain a  voucher  for  the  payment  thereof,  which  he  shall 
forthwith,  on  the  same  day,  exhibit  to  the  Comptroller 
and  shall  at  the  same  time  leave  with  him  a  copy  thereof. 
In  case  the  President  shall  be  temporarily  absent,  the 
Assistant  Commissioner  shall  act  in  his  stead. 


Trespasses.  g  lg<  r^^Q  £roton  Aqueduct  Board  is  requested  to  abate 
all  trespasses  on  the  Croton  Aqueduct  property,  and  pre- 
vent lands  of  the  Croton  Aqueduct  being  used  for  roads 
except  at  crossings;  also  to  enclose  the  Croton  Aqueduct 
lands  through  all  the  villages,  and  at  such  other  places  as, 
in  their  opinion,  the  proper  preservation  of  the  work  and 
the  city  title  to  the  lands  may  require. 

Repairs  to        §  19.  The  Croton  Aqueduct  Board  shall  ascertain,  and 

Streets. 

report  to  the  Common  Council,  from  time  to  time,  what 


OP   THE   CROTON  AQUEDUCT   BOARD.  141 

repairs  are  necessary  to  any  of  the  streets  ;  and  when 
required  by  the  Common  Council,  the  said  Hoard  shall 
inquire  into  and  report  upon  all  applications  to  the  Com- 
mon Council,  in  relation  to  paving,  repaying,  or  repairing 
streets  or  digging  wells.  The  said  Board  shall  advertise 
for  estimates  and  contract  for  wells  and  pumps,  and  for 
paving,  repaving  and  repairing  the  streets. 

§  20.  There  shall  be  in  the  office  of  the  Croton  Aqueduct  oracersmtha 

office    of  th» 

Board  the  following  officers,  who  shall  bo  appointed  in  BoarcL 
the  manner  directed  by  the  charter  :  —  One  Assistant 
Engineer,  who  shall  receive  an  annual  salary  of  one  thou- 
sand four  hundred  and  fifty  dollars;  one  Clerk  to  the 
Croton  Aqueduct  Board,  who  shall  receive  an  annual 
salary  of  one  thousand  four  hundred  dollars;  one  Messen- 
ger to  the  Croton  Aqueduct  Board,  who  shall  receive  an 
annual  salary  of  seven  hundred  dollars. 

ARTICLE  III. 

OF  THE  BUREAU  OF  THE.  WATER  REGISTRAR,  AND  THE  SCALE 
OF   WATER  RENTS. 

§  21.  This  bureau,  of  which  the  Water  Registrar  is  the  Xeza&£ 
chief  officer,  is  charged   with  the  duty  of  collecting  the  reau> 
revenues  derived  from  the  sale  of  the   Croton  water,  and 
has  the  especial  charge  and  superintendence  of  the  accounts 
of  the  departments,  under   the   direction  of  the   Croton 
Aqueduct  Board. 

§32.  The  Water  Registrar,  before  entering  upon  the  Bond  of  Reg- 
-duties  of  his  office,  shall  execute  a  bond  to  the  Corpora- 
tion, with  two  sufficient  sureties,  to  be  approved  by  the 
Comptroller,  in  the  penal  sum  of  fifteen  thousand  dol- 
lars, conditioned  for  the  faithful  performance  of  the 
duties  of  his  office. 


142  OP   THE  CROTON  AQUEDUCT  BOARD. 

Duties  of          §  23.  He  shall,  on  Thursday  of  each  week,  render  to  the4 

Registrar. 

Comptroller  an  account,  under  oath,  item  by  item,  of  all 
moneys  received  by  him,  containing  the  names  of  the" 
persons  from  whom  they  were  received,  the  amounts  re- 
ceived, and  on  what  account,  and  when  paid;  and  shall 
thereupon  pay  over  the  amount  so  received  to  the  Cham- 
berlain. 

§  24.  There  shall  be  in  this  bureau  a  Deputy  Registrar,, 
an  Accountant,  and  five  Clerks,  who  shall  severally  receive 
for  their  services  an  annual  salary  of  one  thousand  dollars. 

Eeg"  §  25.  The  Deputy  Registrar  shall  superintend,  under 
the  direction  of  the  Registrar,  the  keeping  of  the  accounts, 
the  receiving  of  the  water  rents,  and  the  issuing  of  per- 
mits for  the  use  of  the  water,  and  shall  generally  assist 
the  Registrar  in  the  performance  of  Ids  duties.  He  shall, 
before  entering  on  the  duties  of  his  office,  execute  a  bond 
to  the  Corporation,  with  two  sureties,  to  be  approved 
by  the  Comptroller,  in  the  penal  sum  of  ten  thousand  dol- 
lars, conditioned  for  the  faithful  performance  of  the  duties 
of  his  office. 

Accountant.  g  26.  The  Accountant  shall  keep  the  accounts  of  the 
Bureau  of  the  Water  Registrar,  under  the  direction  of 
the  Registrar,  and  in  such  manner  as  shall  be  prescribed 
by  the  Croton  Aqueduct  Board. 

§  27.  The  Clerks  shall,  respectively,  prepare  and  copy 
such  papers  appertaining  to  this  bureau,  as  may  be  directed 
by  the  Water  Registrar,  and  shall  gen er illy  perform  such 
other  duties  connected  therewith,  as  may  be  assigned  them 
by  that  officer. 

§  28-  Tne  Water  Registrar  shall  receive  an  annual 
salary  of  one  thousand  five  hundred  dollars. 


CP  THE  CROTOX  AQUEDUCT  BOARD. 

Scale  of  Water  Rents, 

§  29.  The  annual  regular  rents  to  be  collected  by  the 
Croton  Aqueduct  Board  shall  be  as  follows,  to  wit : — 

1.  On  all  tenements  coming  within  the  provisions  of 

the  law  of  April  11,  1849,  having  a  front  width 
of  sixteen  feet  and  under,  and  of  not  more  than 
one  story  high,  the  sum  of  four  dollars  ;  of  not 
more  than  two  stories  high,  the  sum  of  five  dol- 
lars; of  not  more  than  three  stories  highr  the 
sum  of  six  dollars;  of  not  more  than  four  stories 
high,  the  sum  of  seven  dollars;  and  five  stories; 
high  and  over,  the  sum  of  eight  dollars. 

2.  On  all  tenements  having  a  front  width  of  not  more 

than  eighteen  feet  and  over  sixteen,  and  of  not 
more  than  one  story  high,  the  sum  of  five  dol- 
lars; of  not  more  than  two  stories  high,  the  sum 
of  six  dollars  ;  of  not  more  than  three  stories 
high,  the  sum  of  seven  dollars;  of  not  more  than 
four  stories  high,  the  sum  of  eight  dollars  ;  and 
of  five  stories  high  and  over,  the  sum  of  nine 
dollars. 

3.  On  all   tenements  having   a   front  width   of  not 

more  than  twenty  feet  and  over  eighteen,  and  of 
not  more  than  one  story  high,  the  sum  of  six 
dollars  ;  of  not  more  than  two  stories  high,  the 
sum  of  seven  dollars  ;  of  not  more  than  three 
stories  high,  the  sum  of  eight  dollars  ;  of  not 
more  than  four  stories  high,  the  sum  of  nine  dol- 
lars; and  of  five  stories  high  and  over,  the  sum 
of  ten  dollars. 

4.  On  all  tenements  having  a  front  width  of  not  more 

than  twenty-two  feet  six  inches,  and  over  twenty 
feet,  and  of  not  more  than  one  story  high,  the 


144  OF   THE   CBOTON   AYUEDUCT   BOARD. 


ter  Rents'  SUm     °^  S6Vei1     Collars  j      °f  n°t     mOFG    tlian     tWO 

stories  high,  the  sum  of  eight  dollars;  of  not 
more  than  three  stories  high,  the  sum  of  nine 
dollars;  of  not  more  than  four  stories  high,  the 
sum  of  ten  dollars;  and  of  five  stories  high  and 
over,  the  sum  of  eleven  dollars. 

5.  On  all  tenements  having  a  front  width  of  not 
more  than  twenty-five  feet,  and  over  twenty-two 
feet  and  six  inches,  and  of  not  more  than  one 
story  high,  the  sum  of  eight  dollars;  of  not  more 
than  two  stories  high,  the  sum  of  nine  dollars; 
of  not  more  than  three  stories  high,  the  sum  of 
ten  dollars;  of  not  more  than  four  stories  high, 
the  sum  of  eleven  dollars  ;  and  of  five  stories 
high  and  over,  the  sum  of  twelve  dollars. 

<6.  On  all  tenements  having  a  front  width  of  not  more 
than  thirty  feet,  and  over  twenty-five  feet,  and 
of  not  more  than  one  story  high,  the  sum  of  ten 
dollars;  of  not  more  than  two  stories  high,  the 
sum  of  eleven  dollars;  of  not  more  than  three 
stories  high,  the  sum  of  twelve  dollars;  of  not 
more  than  four  stories  high,  the  sum  of  thirteen 
dollars;  and  of  five  stories  high  and  over,  the 
sum  of  fourteen  dollars. 

7.  On  all  tenements  having  a  front  width  of  not  more 
than  thirty-seven  feet  six  inches,  and  over  thirty 
feet,  and  of  not  more  than  one  story  high,  the 
sum  of  twelve  dollars;  of  not  more  than  two 
stories  high,  the  sum  of  thirteen  dollars;  of  not 
more  than  three  stories  high,  the  sum  of  fourteen 
dollars;  of  not  more  than  four  stories  high,  the 
sum  of  fifteen  dollars;  and  of  five  stories  high 
and  over,  the  sum  of  sixteen  dollars. 


OF  THE    CROTON   AQUEDUCT  BOARD.  145 


8.  On   all   tenements  having    a  front  width  of  not  ?c^  of  wa- 

ter Rents. 

more  than  fifty  feet,  and  over  thirty-seven  feet 
six  inches,  and  of  not  more  than  one  story  high, 
the  sum  of  fourteen  dollars;  of  not  more  than 
two  stories  high,  the  sum  of  fifteen  dollars;  of  not 
more  than  three  stories  high,  the  sum  of  sixteen 
dollars;  of  not  more  than  four  stories  high,  the 
sum  of  seventeen  dollars  ;  and  of  five  stories 
high  and  over,  the  sum  of  eighteen  dollars. 

9.  In   the   apportionment   of    regular  rents  upon   a 

dwelling-house,  the  family  or  families  occupying 
the  same  to  number  not  more  than  fifteen  persons; 
for  every  ten  persons  beyond  that  number,  an 
additional  rent  of  two  dollars  and  fifty  cents  per 
year  shall  be  charged. 

10.  The  rents  of  all  tenements  which  shall  exceed  in 

width  fifty  feet,  shall  be  the  subjects  of  special 
contract  with  the  Croton  Aqueduct  Board. 

11.  The  extra  and  miscellaneous  rates  shall  be  -as  fol- 
lows, to  wit:  — 

Bakeries.  —  In  the  average  daily  use  of  flour,  for  each 
barrel  the  sum  of  three  dollars  per  annum. 

Bathing  Tubs,  in  private  houses,  beyond  one,  at  three 
dollars  per  annum  each;  and  five  dollars  per 
annum  each  on  public  houses,  boarding-houses, 
bathing  establishments,  and  barbers'  shops. 

Boarding  Schools  shall  be  charged  at  the  rate  of 
from  fifteen  to  fifty  dollars  each  ;  and  School 
Houses  at  the  rate  of  from  ten  to  twenty  dollars 
each  per  annum. 

Building  Purposes.  —  For  each  one  thousand  bricks 
laid,  th3  sum  of  ten  cents  per  thousand. 


146  OF   THE   CROTON   AQUEDUCT  BOARD, 

Fcnie  of  wa-          Cow  Stables. — For  each  and  every  cow,   the   sum  of 

ter  Rents. 

seventy-five  cents  per  annum. 

Fountains. — Ordinarily  used  three  hours  per  day,  for 
a  period  of  not  more  than  four  months  in  the 
year,  shall  be  charged  as.  follows: — A  one-six- 
teenth of  an  inch  jet,  the  sum  of  seven  dollars 
per  annum;  for  a  one-eighth  of  an  inch  jet,  the> 
sum  of  fifteen  dollars  per  annum;  for  a  one- quar- 
ter of  an  inch  jet,  the  sum  of  forty  dollars  per 
annum;  for  a  one-half  of  an  inch  jet,  the  sum  of 
ninety  dollars  per  annum;  and  for  an  inch  jet 
the  sum  of  two  hundred  dollars  per  annum.  No 
fountain  shall  be  permitted  on  any  premises; 
where  the  water  is  not  taken  for  other  purposes, 
and  to  an  extent  sufficient  for  those  purposes; 
and  if  the  water  from  the  jet  or  fountain  be  per- 
mitted to  flow  into  premises  adjacent  to  or  in  the 
neighborhood  where  it  may  be  used  for  other 
purposes,  the  supply  shall  be  stopped,  and  the 
amount  of  payment  forfeited. 

Horses,  Private.  —  For  two  horses  there  shall  be 
charged  the  sum  of  six  dollars  per  annum;  and 
for  each  additional  horse,  the  sum  of  two  dollars. 

Horses,  Livery. — For  each  horse,  up  to  and  not  ex- 
ceeding thirty  in  number,  the  sum  of  one  dollar 
and  fifty  cents  each  per  annum;  and  for  each 
additional  horse,  the  sum  of  one  dollar. 

Horses,  Omnibus  and  Cart. — For  each  horse,  the  sum 
of  one  dollar  per  annum. 

Horse  Troughs. — For  each  trough  on  sidewalks,  the 
sum  of  five  dollars  per  annum. 


OP   THE   CROTON   AQUEDUCT  BOARD.  147 

Hotels  and  Boarding-houses  shall,  in  addition  to  the 
regular  rate  for  private  families,  be  charged  for 
each  lodging  room,  at  the  discretion  of  the  Cro- 
ton  Aqueduct  Board. 

Porter-houses,  Taverns  and  Groceries  shall  be  charged 
an  extra  rate  of  from  three  to  thirty  dollars. 

Printing  Offices  shall  be  charged  at  such  rates  as 
may  be  determined,  in  the  discretion  of  the  Cro- 
ton  Aqueduct  Board. 

Refectories  shall  be  charged  at  such  rates  as  may  be 
determined,  in  the  discretion  of  the  Croton 
Aqueduct  Board. 

Slaughter-houses  shall  be  charged  at  the  rate  of  from 
ten  to  twenty  dollars  per  annum  each. 

Steam  Engines  shall  be  charged,  by  the  horse  power, 
as  follows  :  For  each  horse  power  up  to  and  not 
exceeding  ten,  the  sum  of  ten  dollars  per  annum; 
for  each  exceeding  ten  and  not  over  fifteen,  the 
sum  of  seven  dollars  and  fifty  cents  each;  and 
for  each  horse  power  over  fifteen,  the  sum  of  five 
dollars. 

Street  Washers. — For  each  street  washer  on  the  side- 
walk, the  sum  of  two  dollars  per  annum. 

Water  Closets. — For  every  water  closet  beyond  one, 
the  sum  of  two  dollars  per  annnm. 

All  manufacturing  and  other  business  requiring  a  large 
supply  of  water,  are  to  be  charged  therefor,  per  one  hun- 
dred gallons,  on  the  average  estimated  quantity  during 
the  year  ;  the  year  to  be  estimated  at  three  hundred  days, 
as  follows  : — 


148  OP  THE  CROTOX  AQUEDUCT  BOARD. 

When  the  quantity  used  averages  two  hundred  gallons 
per  day,  or  less,  at  the  rate  of  five  cents  per  one  hundred 
gallons. 

When  the  quantity  used  averages  from  two  hundred  to 
three  hundred  gallons  per  day,  at  the  rate  of  four  cents 
per  hundred  gallons. 

Where  the  quantity  used  averages  from  three  hundred 
to  one  thousand  gallons  per  day,  at  the  rate  of  three  and 
a  half  cents  per  one  hundred  gallons. 

Where  the  quantity  used  averages  from  one  thousand 
to  two  thousand  gallons  per  day,  at  the  rate  of  three  cents 
per  one  hundred  gallons. 

Where  the  quantity  used  averages  from  two  thousand 
to  ten  thousand  gallons  per  day,  at  the  rate  of  two  cents 
per  one  hundred  gallons.^' 

Where  the  quantity  used  exceeds  ten  thousand  gallons 
per  day,  the  price  shall  be  fixed  by  the  Croton  Aqueduct 
Board  ;  but  in  no  case  at  less  than  one  cent  per  one  hun- 
dred gallons. 

12.  All  matters  not  hereinbefore  embraced,  are  re- 
served for  special  contract  by  and  with  the  Cro- 
ton AqueducfrBoard. 

ARTICLE   IV. 

OP  THE  BUREAU  OP  THE  WATER  PURVEYOR. 

BuRluanceof  §  30-  Tllis  Bureau,  of  which  the  Water  Purveyor  shall 
be  the  chief  officer,  is  charged  with  the  superintendence 
of  the  laying  of  water  pipes,  and  the  construction  and 
repairs  of  sewers,  wells  and  hydrants,  and  paving,  repaving 
and  repairing  the  streets. 

§  31-  The  Water  Purveyor  shall,  before  entering  upon  the 
duties  of  his  office,  execute  a  bond  to  the  Corporation, 


OP  THE    CROTON   AQUEDUCT  BOARD.  149 

with  one  or  more  sureties,  to  be  approved  by  the  Comp- 
troller, in  the  penal  sum  of  two  thousand  dollars,  condi- 
tioned for  the  faithful  performance  of  the  duties  of  his 
office. 

§  32.  He  shall  make  all  estimates  necessary  to  the  laying  Duties  of  wa- 

0  terJeu.vejor. 

of  water  pipes  and  the  construction  and  repairs  of  sewers, 
wells  and  hydrants,  and  the  paving,  repaving  and  re. 
pairing  of  streets,  when  required  by  the  Croton  Aqueduct 
Board. 

§  33.  He  shall  keep  correct  accounts  of  the  time  of  the  ibid. 
men  employed,  and  the  work  upon  which  they  are  en- 
gaged, and  the  expense  attending  the  same,  when  it  is  not 
done  by  contract,  and  shall  report  the  same,  under  oath, 
once  in  each  week,  to  the  Croton  Aqueduct  Board. 

§  34.  He  shall  examine,  audit  and  certify  to  the  Croton  ibid. 
Aqueduct  Board,  all   accounts   for  supplies   furnished  or 
work  done  under  his  supervision,  and  as  to  the  fulfillment 
or  breach   of  any   contract  to   be  performed  under   his 
direction. 

§  35.  He  shall,  from  time  to  time,  examine  the  state  of  n»d- 
the  water  pipes,   sewers  and  underground   drains,   wells, 
pumps,   hydrants  and   street  pavements,   and   report    all 
repairs  thereof,  which,  in  his  judgment,  may  be  necessary, 
to  the  Croton  Aqueduct  Board. 

§  36.  He  shall,  with  the  consent  of  the  Croton  Aqueduct 
Board,  employ  a  competent  person  to  inspect  the  paving 
of  any  street,  when  done  under  a  contract  with  the  Cor- 
poration, whose  daily  pay  shall  not  exceed  one  dollar  and 
fifty  cents,  and  which  shall  be  assessed  and  collected  with 
the  other  expenses  of  such  paving. 

§  37.  He   shall,  with  the  consent  of  said  Board,  employ,  rad. 


150 


OF  THE  CROTON  AQUEDUCT  BOARD. 


on  daily  pay,  as  many  competent  persons  as  may  be  neces- 
sary, with  carts  and  other  implements,  to  repair  the  pave- 
ments. 
Duties  of  wa-      §  38.  He  shall,  in  all  matters  connected  with  his  bureau 

ter  Purveyor 

be  under  the  control,  direction  and  supervision  of  the 
Croton  Aqueduct  Board  ;  and  in  addition  to  the  duties 
prescribed  by  this  article,  shall  perform  such  other  duties 
appertaining  to  the  Croton  Aqueduct  Department  as  may 
be  required  of  him  by  that  Board. 

§  39.  There  shall  be  in  the  Bureau  of  the  Water  Pur- 
veyor, a  Contract  Clerk,  who  shall  receive  an  annual 
salary  of  one  thousand  two  hundred  dollars  ;  and  two 
other  clerks,  who  shall  severally  receive  an  annual  salary 
of  one  thousand  dollars. 

^  40.  The  Water  Purveyor  shall  receive  an  annual  salary 
of  one  thousand  five  hundred  dollars. 


aenrkact 


Repairs,  &c. 


extracts. 


ARTICLE  V. 

GENERAL  PROVISIONS. 

§41.  The  Croton  Aqueduct  Board  may,  from  time  to 
time,  make  such  rules  and  regulations  in  respect  to  ser- 
vice and  conduit  pipes,  tapping,  paving  and  repairing  the 
streets,  and  other  matters  affecting  the  distribution  of  the 
Croton  water,  as  they  may  deem  proper. 

§42.  All  work  to  be  done  and  all  materials  to  be  pur- 
chased on  account  of  or  for  the  Croton  Aqueduct  Works, 
exceeding  one  hundred  dollars,  except  when  such  work 
or  materials  are  rendered  immediately  necessary  by  some 
sudden  and  unforeseen  cause,  shall  be  by  contract,  after 
due  notice. 

$  43.  Public  notice  shall  be  given  of  the  time  and  place 
at  which  sealed  proposals  shall  be  received  for  contracts 


<<3F  THE   CBOTON  AQUEDUCT  BOARD.  151 

for  or  on  account  of  the  Croton  Aqueduct  Works,  which 
notice  shall  be  published  at  least  one  week  in  the  papers 
designated  by  the  Corporation.  No  alternative  or  inde- 
finite condition  or  limitation  as  to  price  in  a  proposal 
shall  be  received  or  acted  on  ;  nor  shall  more  than  one 
proposition  from  any  one  person  for  the  same  contract  be 
received.  All  the  propositions,  when  more  than  one  is 
offered,  from  the  same  person,  for  the  same  object,  shall  be 
rejected. 

§  44.  Every  person  who  shall  enter  into  any  contract  ^'JJJJ^ 
for  work   to   be   done   on   the   Croton  Aqueduct  Works, 
shall  give  satisfactory  security  for  the  faithful  performance 
of  his  contract  according  to  its  terms;  and  if  any  person 
shall  neglect  or  refuse  to  perform  his  contract,  he  shall  be    . 
excluded  from  any  interest  in  any  future  contract  in  re- 
lation to  the  Croton  Aqueduct  Works. 

§  45.  No  extra  allowance  over  and  above  the  contract  Fxtra  allow- 

ance. 

price  shall  be  made  to   any  contractor,  unless  such  extra 
allowance  be  directed  by  the  Common  Council. 


§  46.  All  persons  contracting  for  a  supply  of  water, 
shall  pay  the  cost  of  the  materials  and  labor  used  and  ex-  Waler»  &< 
pendcd  on  the  streets,  necessary  to  make  the  connection 
with  the  conduit  pipes,  or  pay  such  annual  interest 
thereon  as  required  by  the  rules  and  regulations  of  the 
Croton  Aqueduct  Board.  No  street  shall  be  opened,  nor 
pipes  bored,  or  connection  made,  unless  under  the  direc- 
tion of  the  Croton  Aqueduct  Board,  under  the  penalty  of 
fifty  dollars  for  each  offense. 

§  47.  All  persons  are   forbid  to  open  any  street  pave-  ibid. 
ment  and  bore  any  water  pipe  for  the  purpose  of  conduct- 
ing the  water  into  any  dwelling  or  other   edifice,  or  any 
other  use,   under   the  penalty   of  fifty  dollars  for    each 


152  OF   THE    CROTON   AQUEDUCT   BOARD. 

offense,  unless  with  the  written  permission  of  the  Presi- 
dent of  the  Croton  Aqueduct  Board. 

£epar/abie  §  ^-  -  An  rents  for  ^  use  of  the  water  shall  be  paid  in 
advance,  at  the  time  of  applying  for  the  water,  and  before 
any  permit  is  issued  ;  to  be  calculated  up  to  the  first  day 
of  May  succeeding  ;  and  all  rents  shall  continue  to  be  col- 
lected in  advance  on  the  first  day  of  May  annually,  so 
long  as  the  contract  exists;  and  no  contract  for  the  sup- 
ply of  the  water  shall  be  binding  for  a  longer  period  than 
until  the  second  succeeding  first  day  of  May  after  such 
contract  is  entered  into. 

Rents,unpaid  §  49.  The  supply  of  water  shall  be  cut  off  in  all  cases 
where  the  rent  is  behind,  and  unpaid,  ten  days. 

appie<f  Low  §  ^'  -^  ren*s  an(i  other  emoluments  which  may  accrue 
from  the  use  and  application  of  the  water,  shall,  in  the 
first  instance,  be  applied  to  meet  the  current  expenses  and 
repairs  of  the  Croton  Aqueduct  Works,  next,  to  the  pay- 
ment of  the  interest  on  the  Water  Stock,  and  lastly,  to 
the  redemption  of  said  stock. 

sprinkling  §  51.  The  Croton  Aqueduct  Board  shall  continue  to  grant 
licenses  to  such  persons  as  it  may  deem  proper,  and  who 
will  comply  with  the  conditions  of  this  ordinance,  for 
permission  to  use  Croton  water  from  such  of  the  public 
hydrants  as  may  be  designated  by  said  Board,  for  the 
purpose  of  sprinkling  the  public  streets  of  the  city. 

ibid.  §  52.  Every  person    who   shall   thus  obtain  a  license, 

shall  pay  to  the  Croton  Aqueduct  Board  at  the  rate  of  one 
and  a  half  cents  for  every  hundred  gallons  that  shall  be 
respectively  used  by  them  for  such  purpose;  the  payments 
to  be  made  monthly  under  oath. 

n>i<J-  §  53.  The  sprinklers  used  by  every  such  person  shall 

conform,  in  every  respect,  to  a  pattern  kept  in  the  office 


OP  THE  CROTON  AQUEDUCT  BOARD.  153 

of  the  Croton  Aqueduct  Board,  which  shall  be  in  form 
and  shape  as  follows,  that  is  to  say  :  A  tin  cylinder  six 
feet  in  length,  curved,  so  as  to  give  a  versed  sine  of  seven 
inches;  of  a  diameter  not  to  exceed  two  and  one-half  inches 
at  the  inlet,  tapering  thence  at  each  end  to  a  diameter  of 
not  more  than  two  inches  ;  the  four  centre  sheets  or  feet 
of  which  shall  each  be  pierced  with  three  rows  of  holes, 
.and  the  end  feet  or  sheets  each  with  four  rows  ;  said 
holes  to  be  in  parallel  rows,  and  at  least  one-half  of  an 
inch  apart,  and  of  a  size  not  to  exceed  number  sixteen  wire. 
The  first  or  bottom  row  of  holes  shall  be  at  right  angles  to 
the  inlet,  and  the  sprinkler,  when  in  use,  shall  be  so  hung 
as  to  throw  the  water  directly  on  the  street ;  the  ends  of 
the  cylinder  shall  be  without  holes. 

§  54.  Every  cart  used  for  sprinkling  streets,  under  the  |££if  ne  °r 
provisions  of  this  ordinance,  shall  have  painted  on  each 
side  of  the  cask,  and  exposed  to  public  view,  in  black 
letters  of  not  less  than  two  inches  in  length,  and  on  a 
white  ground,  the  name  and  residence  of  the  person  under 
whose  license  the  work  is  performed. 

§  55.  Any  person  licensed  to  use  Croton  water  for  the  it»d. 
purpose  of  sprinkling  the  streets  as  aforesaid,  who  shall 
vk)late  the  provisions  of  this  ordinance,  shall,  in  the  dis- 
cretion of  the  Croton  Aqueduct  Board,  have  his  license 
revoked. 

§  56.  If  any  person  shall  bathe,  go  into  the  Croton 
water  at  either  of  the  reservoirs  or  any  part  of  the  Cro- 
ton Aqueduct,  or  shall  throw  any  stones,  chips  or  dirt,  or 
any  other  material,  substance  or  thing  whatever,  into  the 
reservoirs  or  into  the  water,  or  gate-houses,  or  into  the 
ventilators  or  aqueduct,  or  fountain  basins,  or  shall  in 
any  manner  injure  or  disfigure  any  part  of  the  Croton 
•  11 


154 


OP  THE  CROTON  AQUEDUCT  BOARD. 


Trespasses, 
&c. 


Hydrant1 


Aqueduct  Works,  he  shall  be  subject  to  a  fine  not  to 
exceed  fifty  dollars,  to  be  imposed  by  any  Police  Justice 
or  any  magistrate,  either  on  his  view,  or  in  a  summary 
manner.  And  in  default  of  payment  of  any  fine  so  imposed, 
such  Police  Justice,  or  magistrate,  shall  commit  such 
offender  to  the  city  prison  for  a  period  not  to  exceed 
thirty  days,  unless  such  fine  is  sooner  paid. 

§  57.  In  case  any  person  shall  tresspass  on  any  part  of 
the  embankment  of  the  Croton  Aqueduct  reservoirs,  or  go 
or  remain  on  the  same,  without  permission  of  the  proper 
persons  having  charge  of  the  same;  or  in  case  any  person 
does  not  comply  with  the  regulations  of  the  Croton 
Aqueduct  Board,  as  to  the  times  they  shall  leave  the  em- 
bankments of  said  reservoirs,  or  the  grounds  or  buildings 
attached  to  said  reservoirs,  that  then  and  in  that  case  such 
person  shall  be  subject  to  a  fine  of  twenty-five  dollars,  to 
be  levied  and  collected  in  the  manner  prescribed  in  the 
last  section;  and  in  default  of  payment,  imprisonment,  as 
in  like  manner,  not  to  exceed  twenty  days,  in  the  city 
prison. 

§  58.  No  person  or  persons,  except  the  Mayor,  Alder- 
men and  Councilmen  of  the  respective  districts  shall, 
without  previous  permission  in  writing  from  the  Croton 
Aqueduct  Board,  unscrew  or  open  any  hydrant  belonging 
or  attached  to  the  Croton  Aqueduct  Works,  erected  for 
the  extinguishment  of  fires,  except  in  cases  of  fires  in  the 
neighborhood;  nor  shall  leave  said  fire  hydrant  open  for 
a  longer  time  than  shall  be  limited  in  said  permission;  nor 
shall  use  the  water  for  other  purposes  than  may  be  men- 
tioned in  said  permission;  under  the  penalty  of  not  less 
than  five  dollars  nor  more  than  twenty-five  dollars  for 
each  offense,  in  the  discretion  of  the  magistrate  before 
whom  the  complaint  shall  be  made.  • 


OP    THE   CROTON-    AQUEDUCT  BOARD.  155 

§59..  No  person  or  persons,  except  such  as  may -be  Taking  water 
licensed  by  -the  Croton  Aqueduct  Board,  to  sell  water  to 
shipping, .  shall  take  the  water  from  any  hydrant  erected 
of  to  be  erected  in  the  city  of  New  York,  and  attached  to 
the  Croton  water  pipes,  for  the  purpose  of  selling  the  said 
water  or  offering  it  for  sale,  under  the  penalty  of  twenty- 
five  dollars. 

§  60.  The   Water  Purveyor  is   instructed   to   cause  the  Hydrants, 
hydrants  to  be  kept  closed,  and  report  all  violations  of 
the  law  to  the  Corporation  Attorney. 

§61.  The  Croton  Aqueduct  Board  shall   at   all   times,  fn*eet  aean~ 
when  the  general  supply  of  water  is  not  thereby  endan- 
gered, permit  the  City  Inspector  to  order  the  hydrants  to 
be  used  for  cleaning  the  streets  under   the  regulations  of 
said  Board. 

§  62.  No  person  or  persons  shall  use  the  Croton  water  washing  the 
for  washing  streets,  sidewalks,  steps  or  buildings,  from 
the  first  day  of  May  to  the  first  day  of  November  follow- 
ing, in  each  year,  after  8  A.  M.;  and  from  the  first  day  of 
November  to  the  first  day  of  May  following,  after  9  A.  M., 
under  the  penalty  of  five  dollars  for  each  offense. 

§  63.  Any  person  or  persons  who  shall  obstruct    the  obstruct^ 

Stop  Cocks. 

access  to  the  different  stop  cocks  connected  with  the 
water  pipes,  by  placing  thereon  stone,  brick,  lumber,  dirt, 
or  any  other  materials,  or  who  shall  permit  any  such 
materials  to  be  placed  thereon  by  those  in  his  or  their 
employ,  shall  be  subject  to  the  penalty  of  fifty  dollars  for 
each  offense,  with  an  additional  sum  of  twenty-five  dollars 
for  each  day  the  same  shall  be  continued  after  notice  of 
removal  shall  have  been  served. 


156  OF   THE    CROTON   AQUEDUCT   BOAKD, 

penalties.  §  64.  The  penalties  prescribed  in  sections  58,  59  and 
63  of  this  ordinance,  shall  be  imposed  on  the  offender  in 
like  manner  as  is  provided  in  section  56  of  this  ordinance 
in  respect  to  the  penalty  therein  prescribed;  and  in  cfe- 
fault  of  the  payment,  the  offender  shall  be  subject  to  the 
like  punishment  by  imprisonment  as  in  the  said  section 
prescribed. 


OP  THE  CITY  INSPECTOR'S  DEPARTMENT.  157 

CHAPTER    VII. 

OF  THE  CITY  INSPECTOR'S  DEPARTMENT. 

ARTICLE  I. — OF  THE  CITY  INSPECTOR'S  DEPARTMENT  AND 

ITS  BUREAUX  GENERALLY. 
II. — OF  THE  CITY  INSPECTOR  AND  HIS  CLERKS  AND 

MESSENGERS. 
III. — OF  THE  BUREAU  OF  SANITARY  INSPECTION  AND 

STREET  CLEANING. 
IY.— OF  THE  BUREAU  OF  MARKETS. 
V. — OF  THE  BUREAU  OF  RECORDS  AND  STATISTICS. 
IV. — OF  THE  BUREAU  OF  WEIGHTS  AND  MEASURES. 

ARTICLE  I. 

OF  THE  CITY  INSPECTOR^  DEPARTMENT  AND  ITS  BUREAUX 
GENERALLY. 

§1.  The  City  InsDector's  department  shall  have  cogni-  General  cog- 
nizance of  the 
zance  of  all  matters  affecting  the  public  health  pursuant  Department. 

to  the  ordinances  of  the  Common  Council  and  the  lawful 
requirements  of  the  Commissioners  of  Health,  and  of  the 
Board  of  Health;  of  cleaning  the  public  streets;  of  the 
superintending,  inspection,  regulation  and  management  of 
the  public  markets;  of  the  inspection  and  sealing  of  weights 
and  measures;  and  of  the  location  and  control  of  the  pub- 
lic pounds, 

§  2.  There  shall  be  four  bureaux  in  the  City  Inspector's  Bureaux, 
Department,  as  follows  : 

1.  The  bureau  of  Sanitary  Inspection  and  Street  Clean- 

ing. 

2.  The  bureau  of  Records  and  Statistics. 

3.  The  bureau  of  Markets. 

4.  The  bureau  of  Weights  and  Measures. 


158 

ARTICLE  II. 

OP  THE  CITY    INSPECTOR  AND    HIS  CLERKS    AND    MESSENGERS. 

aty  inspe«-       g  %    The  ^^  officer  of  faQ  Qfty  inspector's  Department 
shall  be  denominated  the  City  Inspector. 

§  4.  The  City  Inspector,  before  entering  upon  the  duties 
of  his  office,  shall  execute  a  bond  to  the  Corporation  with 
at  least  two  sureties,  to  be  approved  by  the  Mayor  and 
filed  in  the  office  of  the  Comptroller,  in  the  penal  sum  of 
ten  thousand  dollars,  conditioned  for  the  faithful  perform- 
ance of  the  duties  of  his  office. 

£spcctorat7      §  5.  The  City  Inspector  shall  receive  an  annual  salary 
of  five  thousand  dollars. 


Inspector  shall  take  all  necessary  mea- 
sures to  ascertain  every  nuisance  which  may  exist  in  the 
city  of  New  York,  and  to  cause  it  to  be  forthwith  removed. 

ttid-  §7.  He  shall  cause  all  putrid  and  unsound  beef,  pork, 

fish,  hides  or  skins,  all  dead  animals,  and  every  putrid? 
offensive,  unsound  or  unwholesome  substance  found  in  any 
street  or  other  place  in  the  city,  to  be  forthwith  removed 
and  disposed  of  by  removal  beyond  the  limits  of  the  city 
or  otherwise,  so  as  most  effectually  to  secure  the  public 
health. 

n»id.  §  8.  He  shall  inspect  or  cause  to  be  inspected  all  privies, 

sinks  and  cesspools  in  the  city  of  New  York,  and  see  that 
the  same  are  built  according  to  law. 

n>id.  §9.  He  shall  license  such  persons  as  may  be  proper,  to 

act  as  night-scavengers,  all  or  any  of  whom  he  may  at  any 
time  displace  and  appoint  others  in  their  stead,  and  he 
shall  make  such  rules  and  regulations  for  their  government 
as  he  may  deem  proper. 

IN*-  §  10.  He  shall  keep  a  register  in  which  he  shall  enter 

the  situation  of  all  such  sinks  and  privies  as  he  shall  au 


OF   THE    CITY   INSPECTOR'S   DEPARTMENT.  159 

thorizs  to  be  emptied,  and  the  days  on  which  the  emptying 
thereof  shall  be  required. 

§11.  He  shall  cause   all   such  boarding  and  lodging  Duties  or  city 

Inspector. 

houses  as  the  Board  of  Health  shall  direct,  to  be  examined, 
and  shall  report  to  that  Board  the  number  of  each  house, 
and  the  name  of  the  street  on  which  it  is  situated;  the 
name  of  the  tenant  or  occupant,  the  number  of  lodgers  or 
boarders  therein,  with  their  names  and  occupations,  the 
number  of  apartments  therein  and  the  apartments  used  as 
lodging  rooms. 

§  12.  He  shall  inspect  or  cause  to  be  inspected  all  houses  n>id. 
reported  as  mentioned  in  the  last  section,  as  often  as  he 
shall  deem  necessary,  and  at  least  once  in  each  week  be- 
tween the  first  day  of  May  and  the  first  day  of  November 
in  each  year. 

§  13.  He  shall  obey  all  orders  and  instructions  given  by  n>id. 
the  Board  of  Health,  pertaining  to  the  performance  of  all 
or  any  of  his  duties. 

§11.  He  shall  receive  and  file  in  his  office  all  reports  ibid, 
directed  to  be  made  to  him  by  measurers,  weighmasters 
and  inspectors,  and  shall  make  an  aggregate  report  thereof 
to  the  Common  Council  during  the  month  of  January  in 
each  year. 

§  15.  He  shall,  from  time  to  time,  report  to  the  Common  iwd. 
Council  respecting  all  lots,  yards,  buildings, cellars,  alleys, 
sinks,  vaults,  cesspools,  privies,  public  and  private  docks 
and  slips,  and  common  sewers  which  shall  require  cleaning, 
altering  or  repairing,  in  order  to  preserve  the  health  of  the 
city. 

§  16.  He  shall  report  to  the  Common  Council  and  to  the  ftid 
Board  of  Health  all  circumstances  which  shall  come  to  his 
knowledge,  endangering  the  health  of  the  city  or  prejudi- 
cial thereto. 


160  OP  THE  CITY  INSPECTOR'S  DEPARTMENT. 

Duties  ofcity      §17.  He  sh all  report  to  the  Common  Council  suitable- 

Inspector.., 

ordinances  for  the  correction  and  removal  of  nuisances,, 
and  when  the  same  shall  be  passed  shall  record  them  in  his^ 
office,  and  cause  copies  thereof  to  be  served  on  the  persons 
whose  duty  it  shall  be  to  correct,  abate  or  remove  such 
nuisances. 

nid*  §  18.  He  shall  keep  a  register  of  the  names  of  all  persons- 

returned  as  dead,  which  shall  be  open  at  all  convenient 
times  to  public  inspection. 

BI<L  §  19.  He  shall  publish  on  Tuesday  of  each  week,  in  the 

Corporation  papers,  a  list  of  the  deaths  occurring  in  the 
preceding  week,  specifying  the  number  of  deaths  in  each 
ward,  with  the  sexes,  ages  and  diseases  of  the  persons  so 
dying;  and  during  the  month  of  January  in  each  year  he 
shall  report  to  the  Common  Council  and  publish  in  like 
manner  the  whole  number  of  deaths  in  the  city  during  the 
preceding  year,  with  the  sexes,  ages  and  diseases  of  the 
persons  so  dying. 

n>w.  §20.  All  moneys  payable  by  the  Corporation  for  the 

performance  of  contracts  or  for  work  done  under  or  by 
direction  of  this  department,  shall  be  paid  by  the  Comp- 
troller in  pursuance  of  the  provisions  of  the  charter;  and' 
the  City  Inspector  shall,  on  the  first  Thursday  of  each 
month,  render  to  the  Comptroller  a  full  statement,  under 
oath,  of  the  receipts  and  expenditures  of  his  department, 
and  all  the  accounts,  vouchers  and  certificates  relating 
thereto  shall  be  kept  and  filed  in  the  office  of  the  City  In- 
spector; and  he  shall  superintend  the  enforcement  of  all 
ordinances  relating  to  his  department,  and  have  power  to 
employ  all  necessary  assistance  for  that  purpose,  and  shall 
report  to  the  Common  Council  all  delinquencies  therein, 
and  shall,  from  time  to  time,  suggest  to  the  Common  Coun- 
cil such  alterations  or  improvements  in  the  ordinances  con- 


OF  THE    CITY   INSPECTOR^   DEPARTMENT.  161 

nected  with  the  department  or  any  branch  thereof,  as  he 
may  deem  proper. 

§  21.  He  may  enter  into  any  premises  at  any  time  between 
sunrise  and  sunset,  and  examine  any  building,  cellar,  vault, 
sink,  cesspool,  privy,  lot,  yard  or  alley  in  the  city. 

§  22.  He  may,  by  an  order  in  writing,  direct  any  nuisance  ^ 
to  be  abated,  or  unwholesome  matter  or  substance  to  be 
removed,  and  may  prescribe  the  time  and  mode  of  doing  so, 
and  the  place  to  which  such  offensive  or  unwholesome  mat- 
ter or  substance  shall  be  removed. 

.     §  23.  He  may  cause  the  nuisance  to  be  abated,  or  the  ^id 
matter  or  substance  to  be  removed  in  case  of  a  neglect  or 
refusal  to  comply  with  such  order  by  the  person  whose  duty 
it  is  to  comply  therewith,  after  he  shall  have  been  per- 
sonally served  with  a  copy  of  the  order. 

§  24.  He  shall  have  a  slate  with  the  names  of  the  Street  ibid 
Inspector  and  Health  Warden  of  each  ward  placed  in  every 
station-house  in  the  city  for  the  information  of  the  public, 
and  for  the  purpose  of  receiving  such  complaints  as  may  be 
made  in  case  of  neglect  on  the  part  of  the  contractors  for 
cleaning  the  streets,  in  performing  their  work. 

§25.  He  shall  be  permitted  by  the   Croton  Aqueduct  im 
Board  to  use  hydrants  for  cleaning  the  streets,  under  the 
regulations  of  that  Board. 

§  26.  He  may  grant  permission  to  empty  any  sink,  privy  Ibid. 
or  cesspool  which  may,in  his  judgment,  require  to  be  emptied, 
when  the  public  health  will  not  be  endangered  thereby. 

§  27.  He  may,  with  the  written  consent  of  the  Mayor,  ibid, 
grant  a  permit  for  the  removal  of  the  remains  of  any  per- 
son interred  within  the  city,  to  a  place  without  the  same, 
on  the  application  of  a  relative  or  friend  of  snch  person, 
when  there  shall  appear  no  just  objection  to  the  same. 


162  OF   THE    CITY   INSPECTOR'S   DEPARTMENT. 

Duties  of  city      §  28.  He  shall  have  such  powers  and   duties  as  Avere 

Inspector. 

heretofore  imposed  on  the  late  Commissioner  of  Streets  and 
Lamps,  relative  to  the  bureau  of  "  Cleaning  Streets,"  and 
"  the  Inspection,  ^Regulation  and  Management  of  the  Pub- 
lic Markets,"  and  "  the  Inspection  of  Weights  and  Mea- 
sures," and  "  the  Keeping  of  the  Public  Pounds,"  so  far  as 
the  same  are  not  conflicting  with  other  ordinances. 

cierks in oty  §  29.  There  shall  be  two  clerks  in  the  City  Inspector's 
office.  J  office,  who  shall  be  denominated  First  and  Second  Clerks* 
and  who  shall  perform  such  duties  connected  therewith  as 
may  be  required  by  the  City  Inspector.  The  salary  of  the 
First  Clerk  shall  be  fifteen  hundred  dollars  per  annum.  The 
salary  of  the  Second  Clerk  shall  be  twelve  hundred  dollars 
per  annum. 


tacitin-      §  30.  There  shall  be  a  Messenger  in  the  City  Inspector's 
of-  Q^GQ  ^  an  annua]  sa]ary  Of  eight  hundred  dollars,  and  an 
Assistant  Messenger  at  an  annual  salary  of  seven  hundred 
dollars. 

ARTICLE  III. 

OF  THE  BUREAU  OF   SANITARY   INSPECTION  AND  STREET 
CLEANING. 

§  31-  Tllis  bureau  sha11  be  under  t]ie  control  of  an  offi- 
£  anndPS  cer  to  be  called  the  "  Superintendent  of  Sanitary  Inspee- 
saiary.  tion,"  who  shall  receive  an  annual  salary  of  two  thousand 

five  hundred  dollars,  which  shall  be  inclusive  of  allowance 

for  a  horse  and  wagon. 

HIS  Bond.  §  32.  The  Superintendent  of  Sanitary  Inspection,  before 
entering  upon  the  duties  of  his  office,  shall  execute  a  bond 
to  the  Corporation  with  one  or  more  sureties,  to  be  ap« 
proved  by  the  Comptroller,  in  the  penal  sum  of  five  thou- 
sand dollars,  conditioned  for  the  faithful  performance  of 
the  duties  of  his  office. 


OF   THE    CITY  INSPECTOR'S   DEPARTMENT.  163 

§33.  The  Superintendent  of  Sanitary  Inspection  shall  Duties^ su- 
have  cognizance  and  charge  of  the  cleaning  of  the  public 
streets,  and  the  control  and  management  of  the  Corporation 
yard.  It  shall  be  his  duty  to  cause  to  be  made  annually  an 
inspection  of  the  sanitary  condition  of  the  city  T^tween  the 
iirst  day  of  November  and  the  first  day  of  June  following, 
and  such  inspection  shall  be  made  in  such  manner,  and 
returns  of  the  same  be  prepared  and  made  in  such  form,  as 
the  City  Inspector  shall  direct.  He  shall  also  cause  the 
investigation  of  all  nuisances  endangering  the  public 
health,  and  their  abatement  or  removal  in  such  manner  as 
the  City  Inspector  may  direct.  He  shall  supervise  all  the 
inspections  which  are  now,  or  shall  hereafter  be  ordered,  to 
be  made  by  the  City  Inspector's  Department,  such  inspec- 
tion to  be  in  accordance  with,  and  returns  to  be  made  in 
such  forms  as  the  City  Inspector  may  direct.  He  shall, 
from  time  to  time,  report  to  the  City  Inspector  all  facts 
within  his  knowledge  relating  to  or  affecting  the  public 
health. 

§  34.  The  Superintendent  of  Sanitary  Inspection  shall Ibid- 
make  estimates  necessary  to,  or  connected  with,  the  clean- 
ing of  streets  when  required  by  the  City  Inspector. 

§  35.  He  shall  keep  correct  accounts  of  the  time  of  men  ibid, 
employed  in  his  bureau,  and  of  the  work  upon  which  they 
are  engaged,  and  the  expense  attending  the  same  when  it 
is  not  done  by  contract,  and  shall  report  the  same  once  in 
each  week  to  the  City  Inspector. 

§  36.  He  shall  forthwith  report  to  the  City  Inspector  all  n>id. 
violations  of  any  agreement  for  cleaning  the  streets,  and 
every  omission  or  neglect  on  the  part  of  any  person  whose 
duty  it  is  by  any  law  of  the  State,  or  by  any  ordinance  or 
resolution  of  the  Common  Council  to  inspect  the  streets  or 
roads,  or  to  prevent  any  incumbrance  thereof,  and  if  such 


164 

neglect  shall  occur  on  the  part  of  any  policeman  or  officer 
of  the  police,  he  shall,  in  like  manner,  report  the  same 
forthwith  to  the  Police  Commissioners. 

§  37'  The  Superintendent  of  Sanitary  Inspection  shall 
^der  sudh  services  relative  to  the  duties  of  the  City  In- 
spector's Department,  as  he  may  be  required  by  the  City 
Inspector,  and  for  that  purpose  he  shall  have,  exercise  and 
possess,  all  the  powers  and  duties  by  law  or  ordinance 
conferred  upon  the  City  Inspector,  whilst  acting  under  the 
direction  of  the  City  Inspector.  He  shall  examine,  audit, 
and  certify  to  the  City  Inspector,  all  accounts  for  work 
done  under  his  supervision,  and  no  requisition  shall  be 
drawn  for  any  bills,  accounts  or  contracts  for  cleaning  the 
streets,  unless  certified  by  the  Superintendent  of  Sanitary 
Inspection,  and  the  Comptroller  shall  not  pay  any  bill  or 
money  for  the  work  of  street  cleaning,  either  by  contract 
or  otherwise,  unless  the  same  shall  be  audited  and  ap- 
proved, as  herein  provided,  and  approved  by  the  City  In- 
spector, and  paid  upon  his  requisition;  and  no  payments 
chargeable  to  any  appropriation  to  be  disbursed  or  ex- 
pended by  the  City  Inspector's  Department,  shall  be  made? 
by  the  Comptroller,  unless  so  approved  by  the  City  In- 
spector. 

§  38.  The  "  Superintendent  of  Sanitary  Inspection"  shall, 
in  all  matters  be  under  the  direction,  control  and  supervi- 
sion of  the  City  Inspector,  and  the  "  City  Inspector"  may 
approve  or  disapprove  all  accounts  certified  by  him,  and 
by  whom  alone  all  requisitions  upon  the  "  Comptroller" 
for  payment  thereof,  shall  be  drawn. 

rSako/sS"     §  ^'  Tnere  sna^  ke  two  clerks  in  this  bureau,  to  be  de- 
tfo?  &cnspec"  Dominated  First  and  Second  Clerks  to  the  "  Superintendent 
of  Sanitary  Inspection,"  who  shall  keep  the  accounts  there- 
of, and  prepare  all  estimates  and  other  papers  appertain- 


OF  THE   CITY   INSPECTOR'S   DEPARTMENT.  165 

ing  thereto,  and  who  shall  perform  such  other  duties  con- 
nected therewith  as  shall  be  directed  by  the  Superintendent 
of  Sanitary  Inspection.  The  First  Clerk  shall  receive  annu- 
ally for  his  services  twelve  hundred  and  fifty  dollars,  and 
the  Second  Clerk  shall  receive  an  annual  salary  of  one 
thousand  dollars.  There  shall  also  be  a  "  Ticket  and  "a 
Complaint  Clerk"  in  said  bureau,  who  each  shall  receive 
an  annual  salary  of  eight  hundred  and  fifty  dollars. 

§  40.  There  shall  be  an  ;'  Inspector"  in  each  ward  of  the  sjreetinspec- 
city,  to  be  called  the  "  Street  Inspectors/'  whose  duty  it 
shall  be,  under  the  direction  of  the  "  Superintendent  of 
Sanitary  Inspection/7  to  attend  to  the  condition  of  the 
streets  in  the  various  wards  for  which  they  were  appointed, 
and  to  report  to  the  "  Superintendent  of  Sanitary  Inspec- 
tion" the  condition  of  the  streets,  and  all  violations  of  any 
contract  for  street  cleaning,  and  shall  each  receive  for  his 
services  the  sum  of  three  dollars  per  day. 

§  41.  There  shall  be  in  said  bureau  of  "  Sanitary  Inspec-  inspectors  of 

J  meats,     and 

tion  and  Street  Cleaning'7  an  "  Inspector,  and  seven  assist-  articles     of 

food  aiid  pro- 
ant  inspectors  of  meats  and  articles  of  food  and  provision,"  vision- 

whose  duty  it  shall  be,  under  the  direction  of  the  "  City 
Inspector7'  and  the  "Superintendent  of  Sanitary  Inspec- 
tion" to  visit  and  inspect  all  "  slaughter  houses,"  "  meat 
shops/7  "  butcher  shops/'  poultry  and  fish  stands,  stores  or 
other  places  kept  for  the  sale  .or  exposure  for  sale,  of  any 
kind  of  meats,  poultry,  fish  or  any  articles  of  provision  or 
food,  in  any  place  in  the  city  other  than  the  "  public  mar- 
kets/7 and  seize  and  remove  any  and  all  unsound,  unhealthy, 
putrid  or  unwholesome  veal,  beef,  pork,  fish,  poultry,  or 
any  article  of  food,  and  to  take  all  measures  for  the  detec- 
tion and  prevention  of  the  sale  of  all  such  unsound,  un- 
wholesome articles  of  food,  and  to  secure  a  strict  enforce- 
ment of  the  laws  and  ordinances  relative  thereto;  and  make 


166  OF  tfHE  CITY  INSPECTOR'S  DEPARTMENT. 

full  report,  of  the  same  to  the  said  Superintendent.  The 
salary  of  the  "  Inspector"  shall  be  the  sum  of  one  thousand 
dollars  per  annum;  the  salary  of  each  Assistant  shall  be 
nine  hundred  dollars  per  annum. 

Complaint  &  §  42.  There  shall  be  a  clerk  in  this  bureau,  who  shall  be 
'  called  the  "  Complaint  and  Pay-roll  Clerk  to  the  Superin- 
tendent of  Sanitary  Inspection,"  and  perform  such  duties 
relative  to  the  complaints  and  pay-rolls  of  the  street  clean- 
ing branch  of  the  said  bureau,  as  said  Superintendent  may 
direct,  who  shall  receive  an  annual  salary  of  six  hundred 
dollars. 

superintend-      §  43.  .There  shall  also  be  an  officer  in  this  bureau,  to  be 

cut  of  s-cav- 

engeM,cart5,  called  the  "  Superintendent  of  Night  Scavengers'  carts  and 
dumping  piers,"  whose  duty  it  shall  be  to  inspect  all  night 
scavengers7  carts,  and  superintend  the  removal  of  night 
soil  at  the  several  piers  set  apart  for  that  purpose,  who 
shall  receive  the  sum  of  three  dollars  per  day. 

Health  war-  §  44.  The  Health  Wardens  of  the  city  shall  perform  such 
services  in  the  investigation,  abatement  and  removal  of 
nuisances  as  the  City  Inspector  or  the  Superintendent  of 
Sanitary  Inspection  shall  or  may  direct,  and  they  shall  be 
appointed  as  by  law  provided,  and  shall  each  receive  the 
sum  of  three  dollars  per  day. 

ARTICLE  IV. 

OP   THE   BUREAU   OF   MARKETS. 

superintend-      §  45.  This  bureau,   the  chief  officer  of  which  shall  be 

entof  ilark- 

ete-  called  the  "  Superintendent  of  Markets,"  is  charged  with 

the  duty  of  superintending  the  public  markets,  the  inspec- 
tion, regulation  and  management  thereof,  and  of  the  trans- 
ferring stalls  and  stands,  and  all  other  stalls  and  stands 
therein,  and  shall  receive  an  annual  salary  of  two  thou- 
sand dollars. 


OP  THE  CITY  INSPECTOR'S  DEPARTMENT.  167 

§  46.  The  Superintendent  of  Markets  shall,  before  en-  His  Bond, 
tering  upon  the  duties  of  his  office,  execute  a  bond  to 
the  Corporation,  with  one  or  more  sureties,  to  be  approved 
by  the  Comptroller,  in  the  penal  sum  of  two  thousand  dol- 
lars, conditioned  for  the  faithful  performance  of  the  duties 
of  his  office. 

§  47.  He  shall,  from  time  to  time,  visit  the  several  mar-  Duties  of  su- 
perintendent 
kets,  and  examine  the  condition  thereof;  shall  advise  and  of  Markets. 

direct  the  Clerks  thereof  concerning  the  regulation  of  the 
same;  shall  examine  the  provisions,  vegetables,  and  other 
articles  of  food  exposed  for  sale  in  the  markets  or  other 
places,  and  when  he  has  reason  to  suspect  them  to  be  un- 
wholesome or  unfit  to  be  exposed  for  sale,  shall  order  or 
cause  them  to  be  removed. 

§  48.  He  shall,  with  the  consent  of  the  City  Inspector,  ibid, 
from  time  to  time,  recommend  for  license  as  butchers,  such 
persons  as  may  be  proper;  and  upon  such  recommendation, 
the  Mayor  may,  from  time  to  time,  issue  licenses,  under 
his  hand  and  seal,  to  the  persons  named  therein,  to  exer- 
cise and  carry  on  the  trade  and  business  of  a  butcher,  in 
such  places  as  may  be  designated  in  the  license,  but  not 
elsewhere. 

§  49.  He  may,  with  the  consent  of  the  City  Inspector,  ibid, 
grant  permits,  in  writing,  to  such  persons  as  maybe  proper, 
to  sell  meat  by  the  quarter,  in  such  part  of  the  public 
markets,  respectively,  as  may  be  designated  for  that  pur- 
pose, and  which  persons  shall  be  known  as  Permit  Butchers; 
and  he  may,  at  any  time,  with  the  like  consent,  annul  such 
permits;  but  no  such  permit  shall  be  granted  to  a  person 
who  holds  a  license  from  the  Mayor,  to  exercise  the  trade 
or  business  of  a  butcher. 

§  50.  He  may,  with  the  consent  of  the  City  Inspector,  iwd. 
grant  permits,  in  writing,  to  such  persons  as  may  be  proper, 


168  OF  THE   CITY   INSPECTOR'S  DEPARTMENT. 

at  a  daily  rate,  to  be  mentioned  therein,  to  occupy  stands 
in  the  public  markets,  and  may,  at  any  time,  with  the  like 
consent,  annul  such  permits. 


peUSen°dfeSnT  §  51'  He  mav>  Wli^  tne  consent  of  the  City  Inspector, 
appoint  proper  persons  to  remove  dirt  and  filth  from  the 
public  markets,  and  to  perform  such  other  services  about 
the  public  markets  as  are  necessary  to  cleanse  the  same> 
at  a  specified  compensation,  and  may,  with  the  like  consent, 
at  any  time  remove  them,  or  appoint  others  in  their  stead. 

§  52.  For  the  purpose  of  defraying  the  expenses  to  be 
incurred  in  pursuance  of  the  last  section,  the  Superin- 
tendent of  Markets  may,  by  a  requisition,  to  be  counter- 
signed by  the  City  Inspector,  draw  upon  the  Comptroller 
for  a  sum  not  exceeding  two  hundred  dollars. 

§  53.  He  may,  in  like  manner,  renew  the  draft  as  often 
as  may  be  neceissary,  but  no  such  renewal  shall  be  made 
until  the  money  paid  upon  the  previous  draft  shall  be  ac- 
counted for  to  the  Comptroller,  by  satisfactory  vouchers 
for  the  expenditure  of  the  money  paid  thereon. 

Ibid'  §  54.  When  a  draft  shall  be  made  upon  the  Comptroller, 

in  conformity  with  the  last  two  sections,  he  shall  draw  his 
warrant  in  favor  of  the  Superintendent  of  Markets  for  the 
amount  thereof. 

^ld>  §  55.  The  Superintendent  of  Markets  is  specially  charged 

with  the  enforcement  of  all  laws  of  this  state,  and  all  ordr 
nances  and  resolutions  of  the  Common  Council,  regulating 
the  Markets,  and  is  required  forthwith  to  report  to  the 
Corporation  Attorney  all  violations  of  the  same. 

m*-  §  56.  He  shall,  from  time  to  time,  report  to  the  City 

Inspector,  the  condition  of  the  several  markets,  and  shall, 
at  all  times,  be  under  the  direction  and  control  of  that 
officer. 


OP  THE  CITY  INSPECTOR'S  DEPARTMENT.  169 


§  57.  It  shall  be  the  duty  of  the  Superintendent  of  Mar- 
kets  to  prepare  a  register  or  list  of  all  permanent  stalls 
or  stands  of  the  several  markets;  the  name  of  those  occu- 
pying, and  the  fee  or  rent  per  week  or  month  paid  for  the 
same;  and  the  Superintendent,  under  the  direction  of  the 
City  Inspector,  for  that  purpose,  shall  have  the  power  to 
arrange  and  re-number  the  stands  or  stalls  in  the  several 
markets,  and  equalize  the  rents  or  fees  thereof;  and  the 
occupants  of  such  stands  or  stalls  shall  immediately,  at 
their  own  expense,  cause  numbers  to  be  placed  thereon. 
A  copy  of  such  register  or  list  shall  immediately  after  the 
same  has  been  prepared,  be  filed  by  said  Superintendent 
with  the  Comptroller,  and  all  returns  of  market  rents  or 
fees  shall  be  made  in  accordance  with  such  register  or  list. 

§  58.  No  transfer  or  assignment  of  any  stall  or  stand  in  gJ5™fer  ** 
any  of  the  public  markets  shall  be  made  without  written 
permission  of  the  City  Inspector  and  the  Superintendent 
of  Markets,  and  such  transfer  duly  entered  upon  such 
register  or  list,  and  notice  thereof  given  to  the  Comp- 
troller, who  shall  consent  to  such  transfer  before  any  re- 
moval can  be  made  of  such  transfer.  In  case  of  any  person 
being  removed,  or  any  permit  being  annulled,  the  party  or 
parties  in  interest  shall  have  the  privilege  of  making  an 
appeal  to  the  Common  Council  on  any  decision  made  by 
the  City  Inspector  concerning  such  removal. 

§59.  There  shall  be'  a  Clerk  to  the  Superintendent  of  ^i 
Markets,  to  keep  the  books  of  said  bureau,  under  the  di-  of 
rection  of  the  City  Inspector  and  Superintendent  of  Mar- 
kets, at  an  annual  salary  of  eight  hundred  dollars,  who 
shall  render  such  services  as  may  be  required  by  the  head 
of  the  Department  or  the  chief  officer  of  the  bureau. 

§  GO.  There  shall  be  a  Clerk  to  each  of  the  public  mar- 
kets  in  the  city  of  New  York  and  a  Deputy  to  the  Clerks 
12 


170  OP  THE  CITY  INSPECTOR'S  DEPARTMENT. 

of  Washington  and  Fulton  markets,  respectively,  each  of 
which  Clerks  and  Deputy  Clerks  shall  be  an  officer  of  the 
Bureau  of  Markets,  and  shall  perform  such  duties  as  now 
are,  or  may  hereafter  by  ordinance  or  resolution  be  con- 
ferred upon  them. 

cSksof  §  61  The  Clerks  of  Markets  shall,  respectively,  before 
entering  upon  the  duties  of  their  office,  execute  a  bond  to 
the  Comptroller,  in  the  penal  sum  of  one  thousand 
dollars,  conditioned  for  the  faithful  performance  of  the 
duties  of  their  respective  offices. 

3Ste  "  §  62.  The  Clerks  of  Markets  shall  collect  daily  the  mar- 
Markets.  j^  fQQS  an(j  TQIi^  which  shall  have  become  due  in  their 
respective  markets,  and  shall,  on  Thursday  in  each  week, 
render  an  account  thereof,  under  oath,  to  the  Comptroller, 
containing  the  amounts  received,  and  when  paid,  and  shall 
thereupon  pay  over  the  amount  so  received  to  the  Cham- 
berlain. 

§  63.  They  shall  also  thereupon,  respectively,  receive 
from  the  Chamberlain  a  voucher  for  the  payment  thereof, 
which  they  shall  forthwith,  on  the  same  day,  exhibit  to  the 
Comptroller,  and  shall  at  the  same  time  leave  with  him  a 
copy  thereof. 

ftld-  §  64.  They  shall  cause  all  the  dirt  and  filth  which  shall 

accumulate  in  the  public  markets,  and  the  limits  thereof, 
to  be  removed  daily  by  the  persons  appointed  for  that  pur- 
pose, as  prescribed  by  section  51. 

§  65.  They  may  suspend  any  person  having  a  stated 
stall  or  stand  in  a  public  market,  to  which  they  are  re- 
spectively attached,  or  occupying  a  part  thereof,  or  of  the 
street  adjoining  the  same,  from  occupying  or  using  any 


171 

part  of  such  market  or  street,  whether  he  be  a  licensed 
butcher  or  not. 

§  66.  Immediately    upon    such    suspension,  the    Clerk "cSS^r 
making  the  same  shall  report  the  facts  thereof,  with  the  Markets> 
reasons  for  the  suspension,  to  the  City  Inspector,  who  shall 
hear  the  same  upon  sufficient  notice  to  the  person  suspended, 
and  an  opportunity  afforded  him  to  be  heard  in  his  defense, 
and  whose   decision  upon   the  matter  shall  be  final,  pro- 
vided the  Mayor  shall  approve  the  same. 

§67.  The    Clerks,  and  Deputy   Clerks  created  by  this  Duties  of 
chapter,  shall  be  subject  to  the  control  and  supervision  of 
the  City  Inspector,  and  shall,  from  time  to~time,  report  to 
him  such  matters  as  may  be  necessary  or  proper,  respect- 
ing the  condition  of  the  markets. 

§68.  They  are  also  charged  with   the  enforcement  of  iwd. 
all  ordinances  and  resolutions  of  the  Common  Council  ap- 
pertaining to  their  duties,  respectively,  and  are  required 
forthwith  to  report  to  the  Corporation  Attorney  all  viola- 
tions thereof. 

§  69.  The  Clerk  of  Washington  market  shall  receive  an  salaries  o/ 

Clerks  of 

annual  salary  of  one  thousand  dollars  ;  the  Deputy  Clerk  Markets. 
of  Washington  market  an  annual  salary  of  eight  hundred 
dollars  ;  the  Clerk  of  Fulton  market  an  annual  salary  of 
nine  hundred  dollars  ;  the  Deputy  Clerk  of  Fulton  market 
an  annual  salary  of  seven  hundred  and  fifty  dollars. 

§  70.  The  Clerks  of  Catherine,  Essex,  Union,  Jefferson,  ibid 
Tompkins,  Clinton  and  Centre  markets  shall  each  receive 
the  sum  of  two  dollars  per  day.     The  Clerks  of  Franklin 
and  Gouverneur  markets  the  sum  of  one  dollar  and  fifty 
cents  per  day. 


J72  OF  THE  CITY  INSPECTOR'S  DEPARTMENT*. 

ARTICLE  V. 

OP  THE  BUREAU   OF   RECORDS  AND  STATISTICS. 

fSSSSt  wl  §71.  The  chief  officer  of  this  bureau  shall  be  called  the 
Hi'buy.  a"'1 "  Registrar  of  Records,"  and  is  charged  with  the  duty  of 
keeping  all  returns  of  inquisitions  taken  by  the  Coroners 
of  the  city  and  county  of  New  York,  which  shall  be  made 
or  returned,  as  by  law  provided,  and  the  records  of  births, 
marriages  and  deaths,  and  such  other  records  as  may  be 
by  law  or  ordinance  required  to  be  kept  in  this  depart- 
ment; the  granting  and  recording  all  burial  permits,  and 
permits  for  the  disinterment  of  the  remains  of  deceased 
persons,  and  the  preparation  of  all  documents,  or  reports 
of  said  department,  relating  to  said  bureau;  and  the  keep- 
ing of  all  such  books,  accounts  or  records,  and  perform 
iSuch  other  duties  as  the  City  Inspector  may,  from  time  to 
vtirae,  direct;  and  he  shall  assist  the  City  Inspector  in  the 
performance  of  the  duties  imposed  upon  that  office,  and  for 
:that  purpose  he  shall  possess,  in  relation  to  the  duties  of 
his  bureau,  all  the  powers  which  are  now,  or  may  here- 
: after  be  conferred  by  ordinance  upon  the  City  Inspector, 
relative  thereto,  and  shall  receive  an  annual  salary  of 
.twelve  hundred  dollars. 

f*md  ami du-  §72.  The  Registrar  of  Records  before  entering  upon 
the  duties  of  his  office,  shall  execute  a  bond  to  the  Corpo- 
ration, with  one  or  more  sureties,  to  be  approved  by  the 
Mayor,  in  the  penal  sum  of  two  thousand  dollars,  condi- 
tioned for  the  faithful  performance  of  the  duties  of  his 
office.  He  shall  keep  or  cause  to  be  kept,  under  the  di- 
rection and  supervision  of  the  City  Inspector,  all  records 
herein  mentioned,  and  prepare  all  reports,  documents  and 
papers,  and  keep  all  books  and  accounts  appertaining  to 
said  bureau,  and  he  shall  perform  such  other  duties  con- 
nected with  the  department  as  may  be  required  by  that 


OP  THE  CITY  INSPECTOR'S  DEPARTMENT.  17  Si- 

officer.  There  shall  be  a  Clerk  in  this  bureau,  to  be 
called  the  Clerk  to  the  Registrar  of  Records,  who  shall 
perform  such  duties  appertaining  thereto,  as  shall  be 
directed  by  said  Registrar  of  Records,  who  shall  receive 
an  annual  salary  of  one  thousand  dollars;  there  shall  also 
be  one  Burial  Permit  Clerk  and  one  Recording  Clerk, 
each  at  an  annual  salary  of  eight  hundred  dollars. 

ARTICLE  VI. 

OP  THE  BUREAU  OP  WEIGHTS  AND  MEASURES. 

§  73.  There  shall  be  a  bureau  in  the  City  Inspector's 
Department  denominated  the  Bureau  of  Weights  and 
Measures,  which  shall  have  cognizance  of  and  perform  all 
the  duties  and  possess  all  the  powers  and  receive  compen- 
sation as  now  by  law  prescribed.* 

§  74.  There  shall  be  appointed  by  the  City  Inspector 
four  Inspectors  of  Weights  and  Measures  and  two  Sealers 
of  Weights  and  Measures,  who  shall  hold  office  upon  the 
same  terms  as  chiefs  of  bureaux. 

§  75.  Each  of  said  Inspectors  of  Weights  and  Measures  Bond- 
shall,  before  entering  upon  the  duties  of  his  office,  execute 
to  the  Mayor,  Aldermen  and  Commonalty  of  the  city  of 
New  York  a  bond  in  the  penal  sum  of  two  thousand  dol- 
lars, with  one  or  more  sufficient  sureties,  conditioned  for 
the  faithful  performance  of  the  duties  of  his  office. 


*  For  duties  and  compensation  of  Inspectors  and  Sealers,  see   chapter  «ntitlad  " 
Weights  and  Measures." 


EXECUTIVE  DEPARTMENTS,  (MISCELLANEOUS  PROVISIONS.) 


CHAPTER  VIII. 

MISCELLANEOUS  PROVISIONS  RESPECTING  THE  EXECUTIVE 
DEPARTMENTS  AND  THEIR  OFFICERS. 

ARTICLE  I. — OP  THE  OFFICERS  OF  THE  DEPARTMENTS"  AND 

BUREAUX,  AND  THEIR  ACCOUNTABILITY. 
II. — OF  CONTRACTS  FOR  SUPPLIES  AND  WORK  FOR 
THE  CORPORATION. 

ARTICLE  I. 

OF  THE  OFFICERS  OF  THE  DEPARTMENTS  AND  BUREAUX,  AND 
THEIR  ACCOUNTABILITY. 

forms  of  of-       §  i.  The  terms  of  office  of  the  several  officers  not  herein 

fico. 

provided  for,  shall  be  as  provided  by  the  laws  of  this  state- 

§2.  The  Mayor  shall  appoint,  by  and  with  the  advice 
and  consent  of  the  Board  of  Aldermen,  all  officers  whose 
appointment  is  not,  by  the  laws  of  the  state,  or  herein 
otherwise  provided  for. 

§  3  j£[  officers  of  the  Executive  Departments  shall,  be- 
fore they  enter  on  the  duties  of  their  respective  offices,  take 
and  subscribe  before  the  Mayor,  and  file  in  his  office,  the 
following  oath  or  affirmation. 

"I  do  solemnly  swear,  (or  affirm,  as  the  case  may  be), 
that  I  will  support  the  Constitution  of  the  United  States^ 
and  the  Constitution  of  the  State  of  New  York;  and  that 
I  will  faithfully  discharge  the  duties  of  the  office  of  — — , 
according  to  the  best  of  my  ability." 

S5poffin°f  §  4.  No  person  or  persons  shall  be  eligible  to  any  ap- 
pointment  under  the  Common  Council  of  the  city  of  New 
York,  unless  he  or  they  shall,  at  the  time  of  such  appoint" 


EXECUTIVE  DEPARTMENTS,  (MISCELLANEOUS  PROVISIONS.)  175 

ment,  be  actual  residents  of  the  city  and  county  of  New 
York. 

§  5.  In  all  cases,  except  where  this  ordinance  otherwise  vouchers  for 
provides,  the  heads  of  departments  and  other  persons  ap- 
plying to  the   Comptroller  for  warrants  for  money  to  be 
by  them  disbursed,  shall  furnish  that  officer  with  the  fol. 
lowing  vouchers: 

1.  When  a  payment  shall  have  been  completed  by  the 

signing  of  a  pay-roll,  the  pay-roll,  or  a  copy  there- 
of, signed  by  the  party  receiving  money,  shall  be 
filed  with  the  Comptroller. 

2.  When  a  demand  shall  have  been  settled  by  giving 

a  receipt,  the  receipt,  or  a  copy  thereof,  signed  by 
the  party  receiving  the  money  mentioned  therein, 
shall  be  filed  with  the  Comptroller. 

3.  When  payments  are  made  for  supplies  furnished  for 

the  use  of  the  Corporation,  the  original  bill,  or  a 
copy  thereof,  with  a  receipt  thereon,  signed  by 
the  party  receiving  the  money  mentioned  therein, 
shall  be  filed  with  the  Comptroller. 

4.  When  supplies  have  been  furnished,  or  work  done, 

not  coming  within  any  particular  department,  and 
which,  in  their  nature,  are  not  subject  to  any 
general  regulation,  the  account  therefor  shall  be 
accompanied  by  an  affidavit  that  the  supplies  have 
been  furnished  or  work  done,  and  that  the  charge 
therefor  is  in  all  respects  just,  which  shall  be  filed 
with  the  Comptroller. 

§6.  All  officers,  or  other  persons,  to  whom  the  collec-  COMCC uonj* 
tion  or  receipt  of  public  moneys  is  intrusted,  and  who  are 
required  by  the  laws  of  this  state,  or  by  any  ordinance  of 
the  Common  Council,  to  pay  the  same  to  the  Chamberlain, 
<or  to  make  a  report  thereof  to  the  Comptroller,  shall  fur- 


176  EXECUTIVE  DEPARTMENTS,  (MISCELLANEOUS  PROVISIONS.) 

nish  the  account  or  report,  under  oath,  at  the  time,  and  m 
the  manner  required  by  such  law  or  ordinance. 

receipt  of  mo-  §  7.  In  case  of  any  neglect  or  refusal  to  make  such  pay 
ment  or  report,  the  Comptroller  shall  forthwith  report  the 
same  to  the  Common  Council. 

§8.  If  such  delinquency  shall  occur  during  a  recess  of 
the  Common  Council,  the  Comptroller  shall  forthwith  re- 
port the  same  to  the  Mayor. 

§  9.  Every  officer  of  the  Corporation  intrusted  with  the 
receipt  or  disbursement  of  the  public  moneys,  shall  exhibit 
the  books  and  vouchers  of  his  office  to  the  Mayor,  the  Comp- 
troller, the  head  of  his  department,  or  any  member  of  the 
Common  Council,  at  all  reasonable  times,  when  so  required. 

§ 10'  If  ai]y  officers  of  tne  c%  government,  or  other  per- 
sons  receiving  a  salary  from  the  Comptroller,  who  shall 
be  and  are  intrusted  with  the  collection  or  receipt  of  pub" 
lie  moneys,  and  who  are  required  by  any  law  of  the  state' 
or  any  ordinance  of  the  Common  Council,  to  pay  such 
moneys  to  the  Chamberlain,  or  to  make  a  report  thereof 
to  the  Comptroller,  shall  fail  to  furnish  such  account,  or 
report  at  the  time  and  in  the  manner  required  by  such  law 
or  ordinance,  the  Comptroller  shall  be  authorized,  in  addi- 
tion to  his  other  powers,  to  withhold  the  payment  of  any 
salary. 

Quarterly  Re.  §11.  The  Street  Commissioner,  the  City  Inspector,  and 
the  Croton  Aqueduct  Department,  are,  and  each  of  them 
is  hereby  directed  to  report,  in  writing,  to  the  Common 
Council,  quarterly,  the  state  of  the  department  under 
their  charge,  and  a  full  and  particular  statement  of  the  re~ 
ceipts  and  expenditures  of  such  department,  showing  fully 
how  and  in  what  way  or  manner  the  expenditures  are 
made;  to  whom  and  for  what  purpose;  naming  such  person 


EXECUTIVE  DEPARTMENTS,  (MISCELLANEOUS  PROVISIONS.)  177 

i 

or  persons,  and  for  what  particular  work  or  service  such 
expenditure  has  been  made;  and  also  a  full  and  particular 
statement  of  the  receipts  of  such  department,  showing  fully 
how  and  to  whom  such  receipts  are  made. 

§  12.  No  officer  of  the  Corporation,  who  shall  receive  a  Extra   com- 

,  m  pensation    of 

fixed  salary,  or  rate  of  compensation  for  his  services,  shall  officers. 
be  entitled  to  extra  compensation  for  any  service  which  he 
may  render  to  the  Corporation,  or  which  may  be  required 
of  him  by  an  ordinance  or  resolution  of  the  Common  Coun- 
cil, the  Board  of  Supervisors,  or  the  Board  of  Health,  un- 
less provision  be  expressly  made  for  such  extra  compensa- 
tion by  the  ordinance  or  resolution  requiring  the  service. 

ARTK'LK  II. 

OP  CONTRACTS  FOR  SUPPLIES  AND  WORK  FOR  THE 
CORPORATION. 

§  13.  All  supplies  to  be  furnished,  or  work  to  be  done  Contracts, 

when  neces- 

for  the  Corporation,  whether  they  are  to  be  paid  for  out  ofsarr- 
the  city  treasury,  or  out  of  trust  moneys  under  the  control 
of,  or  to  be  assessed  or  collected  by  the  Corporation,  shall 
be  furnished  or  performed  by  contract,  except  for  printing, 
and  where  provision  is  otherwise  made  by  this  ordinance. 

§  14.  All  contracts  to  be  entered  into  on  the  part  of  the  contract?, 

.  how  aulhori- 

Lorporation,  for  the  purposes  mentioned  in  the  last  sec- zed- 
tion,  must  be  authorized  by  the  Common  Council,  and  when 
so  authorized,  shall  be  made  by  the  department  under 
whose  direction  the  supplies  are  to  be  furnished,  or  the 
work  performed,  except  that  contracts  for  stationery  for 
the  Common  Council,  the  Board  of  Supervisors,  the  Board 
of  Health,  and  the  departments,  bureaux  and  officers  of 
the  Corporation;  and  for  fuel  for  the  public  buildings  and 
offices  other  than  those  attached  to  the  Alms-house  Depart- 
ment, shall  be  made  by  the  Comptroller. 


ITS  EXECUTIVE  DEPARTMENTS,  (MISCELLANEOUS  PROVISIONS.) 

Proposals  &     §  15.  No   contract  shall  be  made,   signed  or   executed 

Estimates. 

until  proposals  therefor  have  been  advertised,  and  esti- 
mates received  and  decided  upon,  as  provided  by  this  ordi- 
nance, except  when  otherwise  provided  by  law,  nor  shall 
any  contract  be  made,  signed  or  executed  for  a  sum  exceed- 
ing two  hundred  and  fifty  dollars,  until  all  the  proposals, 
estimates,  contracts  and  papers  relating  thereto  shall  have 
been  laid  before  the  Common  Council,  and  confirmed  by 
them,  and  an  appropriation  made  therefor. 

Xbld-  §  16.  The  several  departments  empowered  by  section  14 

.to  make  contracts  on  the  part  of  the  Corporation,  shall 
issue  proposals  for  estimates  therefor,  and  advertise  the 
same  in  the  Corporation  papers  for  at  least  ten  days  before 
the  day  on  which  the  estimates  are  to  be  opened.  There 
shall  be  kept  in  each  of  said  departments  an  appropriate 
box  to  be  designated  "  Estimate  Box,"  with  a  proper  open- 
ing in  the  top  thereof  to  receive  estimates  for  which  pro- 
posals have  been  issued.  Such  box  shall  be  kept  locked, 
except  at  such  times  as  it  may  be  necessary  to  open  the 
same  to  examine  and  decide  upon  said  estimates,  and  the 
key  thereof  shall  be  retained  by  the  head  of  the  depart- 
ment. It  shall  be  the  duty  of  the  head  of  the  department 
to  deposit  in  said  box  all  estimates  duly  presented  to 
him,  for  work  to  be  done  under  the  direction  of  the  depart- 
ment, immediately  on  the  receipt  thereof  by  him. 

ibid.  §  17.  The  proposals  for  estimates  shall  be  in  such  form 

as  may  be  prescribed  by  the  department  making  the  same, 
and  shall  contain  the  following  particulars: 

1.  They  shall  require  that  the  person  making  the  esti- 
mate shall  furnish  the  same  in  a  sealed  envelope, 
to  the  head  of  the  appropriate  department  at  his 
office,  on  or  before  a  day  and  hour  therein  named, 
not  less  than  ten  days  from  the  first  publication 
thereof. 


EXECUTIVE  DEPARTMENTS,  (MISCELLANEOUS  PROVISIONS.)  179 

2.  They  shall  state  the  quantity  and  quality  of  the 

supplies,  or  the  nature  and  extent,  as  near  as  pos- 
sible, of  the  work  required. 

3.  They  shall  state  that  the  estimates  received  will 

be  publicly  opened  by  the  head  of  the  department 
issuing  the  proposals,  at  his  office,  at  a  day  and 
hour  therein  mentioned. 

4.  They  shall  state  the  amount  in  which  security  is 

required  for  the  performance  of  the  contract. 

5.  They  shall   state,  briefly,  the  several  matters  re- 

quired by  the  next  four  sections,  to  be  contained 
in  or  to  accompany  the  estimates. 

§  18.  Each  estimate  shall  contain: 

1 .  The   name  and  place  of  residence  of  the  person  Estimates  on 

contracts. 

making  the  same. 

2.  The  names  of  all  persons  interested  with  him  there- 

in, and  if  no  other  person  be  so  interested,  it  shall 
distinctly  state  that  fact. 

3.  That  it  is  made  without  any  connection  with  any 

other  person  making  an  estimate  for  the  same 
purpose,  and  is  in  all  respects  fair,  and  without 
collusion  or  fraud. 

4.  That  no  member  of  the  Common  Council,  head  of 

a  department,  chief  of  a  bureau,  deputy  thereof, 
or  clerk  therein,  or  other  officer  of  the  Corpora- 
tion, is  directly  or  indirectly  interested  therein, 
or  in  the  supplies  or  work  to  which  it  relates,  or 
in  any  portion  of  the  profits  thereof. 

§  19.  The  estimate   shall  be   verified   by  the  oath,   in  ibid, 
writing,  of  the  party  making  the  estimate,  that  the  several 
matters  stated  therein  are  in  all  respects  true. 

§  20.  It  shall  be  accompanied  by  the  consent,  in  writing,  sureties  with 
of  two  householders  or  freeholders  in  the  city  of  New  York'  M 


180  EXECUTIVE  DEPARTMENTS,  (MISCELLANEOUS  PROVISIONS.) 

to  the  effect  that  if  the  contract  be  awarded  to  the  person 
making  the  estimate,  they  will,  upon  its  being  so  awarded, 
become  bound  as  his  sureties  for  its  faithful  performance, 
and  that  if  he  shall  omit  or  refuse  to  execute  the  same,  they 
will  pay  to  the  Corporation  any  difference  between  the  sum 
to  which  he  would  be  entitled  upon  its  completion,  and 
that  which  the  Corporation  may  be  obliged  to  pay  to  the 
person  to  whom  the  contract  shall  be  awarded  at  any  sub- 
sequent letting;  the  amount  in  each  case  to  be  calculated 
upon  the  estimated  amount  of  the  work  by  which  the  bids 
are  tested. 

Sa?eTlh  §  21.  The  consent  mentioned  in  the  last  section  shall  be 
accompanied  by  the  oath  or  affirmation,  in  writing,  of  each 
of  the  persons  signing  the  same,  to  be  taken  before  any 
judge  of  any  court  of  record  in  this  county,  that  he  is  a 
householder  or  freeholder  in  the  city  of  New  York,  and  is 
worth  the  amount  of  the  security  required  for  the  comple- 
tion of  the  contract,  and  stated  in  the  proposals  as  pre- 
scribed by  section  17  of  this  chapter,  over  and  above  all  his 
debts  of  every  nature,  and  over  and  above  his  liabilities  as 
bail,  surety  or  otherwise,  and  that  he  has  offered  himself  as 
a  surety,  in  good  faith,  and  with  an  intention  to  execute 
the  bond  required  by  section  27  of  this  chapter,  if  the  con- 
tract shall  be  awarded  to  the  person  or  persons  for  whom 
he  consents  to  become  surety. 

SmSS?for  §22.  The  envelope  containing  the  estimate  shall  be  in- 
<S^  qp?n£li  dorsed  with  the  name  or  names  of  the  person  or  persona 
presenting  the  same,  the  date  of  its  presentation,  und  a- 
statement  of  the  work  to  which  it  relates;  and  no  estimate 
shall  be  taken  from  the  "  Estimate  Box,"  or  the  envelope 
thereof  opened  by  any  one,  except  at  the  time  and  in  the 
manner  herein  designated  for  deciding  upon  such  esti- 
mates. At  the  time  and  place  appointed  for  that  purpose 


^EXECUTIVE  DEPARTMENTS,  (MISCELLANEOUS  PROVISIONS.)  181 

in  the  proposals  as  prescribed  in  this  chapter,  the  head 
of  the  department,  in  the  presence  of  the  Comptroller,  and 
such  of  the  parties  making  them  as  may  desire  to  be  pre- 
sent, shall  then  and  there  open  the  said  estimate  box, 
and  the  estimates  to  be  examined  at  that  time,  as  may 
appear  from  the  indorsements  thereon,  shall  be  taken 
from  said  box.  The  said  head  of  department  shall  then 
and  there  publicly  open  and  read  all  estimates  which  he 
may  have  received  for  the  contract  mentioned  in  such 
proposals,  and  shall  reject  all  estimates  not  furnished  in 
conformity  with  this  chapter,  and  shall  thereupon  award 
the  contract  as  prescribed  by  section  38  of  the  City  Char- 
ter of  1857.  In  the  event  of  the  Comptroller  not  attend- 
ing at  said  time  and  place,  such  estimates  shall  not  be 
opened,  and  the  said  head  of  department  shall  adjourn 
the  opening  of  said  estimates  to  another  time,  not  exceed- 
ing five  days,  and  shall  publicly  announce  to  those  present 
the  time  and  place  of  such  adjournment.  At  such  adjourn- 
ed day,  the  Comptroller  bring  present,  he  shall  proceed 
to  open  the  same  in  manner  aforesaid. 

§  23.  When  proposals  are  issued  for  a  contract  to  fur-  samples  with 

.  .  •,ii       estimates  for 

nish  any  article  of  which  a  sample  can  conveniently  be  contract. 
furnished,  the  head  of  the  department  issuing  the  same  may 
require  that  such  sample  be  delivered  at  his  office,  or  at 
the  office  of  the  head  of  the  appropriate  bureau  in  his  de- 
partment, within  such  time  before  the  opening  of  the  esti- 
mates as  he  may  prescribe,  and  if  it  be  not  so  furnished  or 
do  not  conform  to  the  quality  required  by  the  proposals, 
the  estimate  delivered  by  the  person  furnishing  or  omitting 
to  furnish  the  same,  as  the  case  may  be,  shall  be  rejected. 
The  samples  of  articles  furnished,  as  aforesaid,  shall  be  at 
all  times  subject  to  the  inspection  and  examination  of  the 
members  of  the  Common  Council,  or  any  committee  thereof. 


182  EXECUTIVE  DEPARTMENTS,  (MISCELLANEOUS  PROVISIONS.) 

Reservation        §  24.  In  all  contracts   for  work  for  the  Corporation, 

of  10  per  cent 

on  contracts.  where  provision  is  made  for  the  payment  of  the  contract, 
price  by  installments,  a  provision  shall  be  inserted  that  the 
contractor  shall  allow  ten  per  cent,  of  the  contract  price 
of  the  work  actually  done,  to  remain  as  security,  till  the 
whole  work  shall  be  completed,  according  to  the  contract. 

§  25.  In  all  contracts  for  work  done  by  or  for  the  Cor- 
poration,  the  head  of  the  department  having  charge  thereof 
shall  cause  to  be  inserted  a  provision  that  the  payment 
of  the  last  installment  due  in  pursuance  thereof,  shall  be 
retained  until  such  head  of  department  shall  have  satisfac- 
tory evidence  that  all  persons  who  have  done  work  or  fur- 
nished materials  under  any  such  contract,  and  who  may 
have  given  written  notice  to  such  head  of  department,  at 
any  time  within  ten  days  after  the  completion  of  said  work? 
that  any  balance  for  such  work  or  materials  is  still  due 
and  unpaid,  have  been  fully  paid  or  secured  such  balance. 
And  if  any  person  so  having  done  work  or  furnished  ma- 
terials, and  giving  such  notice  as  aforesaid,  shall  furnish 
satisfactory  evidence  to  the  department  that  money  is  due 
to  him  by  the  contractor  under  such  contract,  such  head  of 
department  shall  retain  such  last  installment,  or  such  por- 
tion thereof  as  may  be  necessary,  until  such  liability  shall 
be  discharged  or  secured.  And  in  all  such  contracts  the 
time  for  the  completion  and  finishing  of  such  work  shall  be 
inserted. 

§26.  In   all   contracts  for  work  for   the  Corporation, 

tracts  to  pre- 

dentsacci  upon  any  public  building,  or  in  any  public  street  or  place, 
in  the  performance  of  which  accidents  or  injuries  may 
happen  to  the  person  or  property  of  another,  a  provision 
shall  be  inserted  that  the  contractor  shall  place  proper 
guards  for  the  prevention  of  accidents,  and  shall  put  up 
and  keep,  at  night,  suitable  and  sufficient  lights  during  the 
performance  of  the  work,  and  that  he  will  indemnify  the 


EXECUTIVE  DEPARTMENTS,  (MISCELLANEOUS  PROVISIONS.)  183 

Corporation  for  any  damages  or  costs  to  which  they -may 
be  put  by  reason  of  injury  to  the  person  or  property  of 
another,  resulting  from  negligence  or  carelessness  in  the 
performance  of  the  work. 

§  27.  Every  contract  for  supplies  or  work  by  the  Cor.  fr°arc™of COD* 
poration  shall  be  executed  by  the  contractor  or  contractors 
to  whom  the  same  may  be  awarded,  and  shall  be  accompa- 
nied by  a  bond,  in  the  penalty  mentioned  in  the  proposals 
therefor,  executed  by  the  persons  consenting  to  become 
bound  as  sureties,  as  provided  in  section  twenty,  or  by 
such  other  persons  as  shall  be  substituted  therefor,  with 
the  consent  of  the  head  of  the  department  making  such 
contract,  conditioned  for  the  faithful  performance  of  the 
contract,  and  every  provision  therein  contained,  and  which 
bond  shall  be  accompanied  by  the  oath,  in  writing,  of  the 
person  signing  the  same,  that  each  is  a  householder  or  free- 
holder in  the  city  of  New  York,  and  is  worth  the  amount 
of  the  security  required  for  the  completion  of  the  contract, 
and  stated  in  the  proposals,  as  hereinbefore  prescribed. 
And  the  several  departments  of  the  city  government,  by 
which  every  and  each  contract  for  work  to  be  done  for  the 
Corporation,  shall  be  made  in  pursuance  of  the  authority 
of  these  ordinances,  shall  have  power,  and  it  shall  be  their 
duty  to  require  and  enforce  the  faithful  execution  of  each 
and  every  contract  so  made  by  them;  and  in  case  the  con- 
tractor or  contractors  shall  fail  in  any  respect,  to  perform 
the  work  which  he  or  they  have  contracted  to  render  or 
perform,  within  the  time  limited  for  the  performance  of  the 
same,  then  it  shall  be  the  duty  of  such  department,  having 
charge  of  such  work,  to  do  and  complete  the  same,  in  the 
manner  provided  for  the  performance  of  the  same  in  the 
contract,  and  the  cost  of  the  same  shall  be  a  charge  against 
such  delinquent  contractor  or  contractors,  provided,  how- 
ever, that  the  head  of  any  department  by  whom  any  such 


184  EXECUTIVE  DEPARTMENTS,  (MISCELLANEOUS  PROVISIONS.) 

contract  shall  be  made,  may,  on  good  and  sufficient  cause, 
extend,  for  a  reasonable  time,  the  period  fixed  for  the 
completion  thereof;  but  he  shall  report  to  the  Common 
Council,  at  the  next  meeting  thereafter  of  either  Board  of 
the  same,  the  cause  or  causes  of  such  extension,  together 
with  his  reasons  therefor,  and  the  Common  Council  may, 
on  such  report  being  made  to  them,  either  diminish  or  en- 
large the  period  of  such  extension  as  may  be  deemed 
proper. 

Sbe paSion  §  28-  Whenever  any  contract  shall  be  made  hereafter, 
£  by  any  of  the  departments  of  the  Corporation,  the  amount 
whereof  is  to  be  afterward  collected  by  assessments  from 
the  property  benefited  by  the  work  to  be  done  under 
said  contract,  it  shall  be  the  duty  of  the  head  of  depart- 
ment making  such  contracts,  to  cause  to  be  inserted 
therein  a  clause,  that  as  the  work  progresses,  payments 
will  be  made  to  the  contractors,  by  monthly  installments 
of  seventy  per  cent,  on  the  work  performed,  and  the  head 
of  department  making  such  contracts  shall  forthwith  file 
a  copy  thereof  with  the  Comptroller. 

provision  for      ft  29.  The  amount  due  contractors  on  all  contracts  now 

raising     mo-         «-> 

confirmed  by  the  Common  Council,  and  on  work  now  in 
progress,  under  contracts  on  account  of  regulating  and 
paving  streets,  building  sewers,  and  all  other  work  ordered 
to  be  done  by  contract,  by  virtue  of  ordinances  of  the  Com- 
mon Council,  shall  be  paid  by  the  Comptroller,  from  the 
proceeds  of  Assessment  Bonds,  issued  in  accordance  with 
the  act  of  the  legislature,  passed  April  16,  1852;  but  no 
moneys  shall  be  paid  on  account  of  said  assessments  or 
contracts  until  a  copy  of  the  original  contracts  has  been 
filed  with  the  Comptroller  of  the  city  by  the  head  of  de- 
partment having  such  work  in  charge,  with  a  certificate, 
in  writing,  from  the  head  of  such  department,  stating  the 


EXECUTIVE  DEPARTMENTS,  (MISCELLANEOUS   PKO VISIONS.)  1  85 

Amount  of  work  that  has  been  completed,  and  the  amount 
due  the  contractor  for  such  work,  acording  to  the  terms 
of  the  original  contract;  upon  the  amount  thus  certified 
and  ascertained  to  be  due  to  the  contractor,  the  Comp- 
troller shall  pay  seventy  per  cent.  —  the  remaining  thirty 
per  cent,  to  be  reserved  until  the  final  completion  of  the 
contract. 

§  30.  For  the  purpose  of  providing  for  the  payments  JJP^siouI£°r 
contemplated  under  this  ordinance,  it  shall  be  the  duty  of  |!JJtr*tepay' 
the  Comptroller,  from  time  to  time,  to  borrow  such  sums 
as  may  be  necessary,  (as  provided  in  the  act  entitled  "  An 
act  to  authorize  the  Mayor,  Aldermen  and  Commonalty  of 
the  city  of  New  York  to  issue  Assessment  Bonds,"  passed 
April  16,  1852,)  upon  bonds  to  be  known  as  "  Assessment 
Bonds,"  at  a  rate  of  interest  not  to  exceed  seven  per  cent, 
per  annum;  and  the  bonds  so  issued  shall  be  paid  from  the 
collections  made  on  the  assesment  lists,  when  confirmed 
by  the  Common  Council,  and  which  are  hereby  specifically 
pledged  for  such  purpose  ;  and  the  contractors  to  whom 
payments  shall  have  been  made,  in  accordance  with  the 
provisions  of  sections  28  and  29  of  this  chapter,  shall, 
upon  the  final  payment  of  the  amount  due  upon  their 
several  contracts,  be  charged  at  the  rate  of  seven  per  cent, 
per  annum,  for  all  sums  that  may  have  been  advanced  to 
them,  as  provided  in  the  foregoing  sections  of  this  ordi- 
nance; and  it  shall  be  the  duty  of  the  Comptroller  to 
deduct  from  the  amount  due  on  each  contract,  the  interest 
money  so  charged. 

§31.  Whenever  any  payment  shall  become  due  upon  certificate -of 

f      amount   due 

any  contract,   according  to  -the  provisions  thereof,  or  in  °n  contract, 
accordance  with  any  of  the  provisions  of  these  ordinances, 
it  shall  be  the  duty  of  the  head  of  department  having  such 
work  in  charge,  to  furnish  to  the  person  or  persons  en- 
13 


186  EXECUTIVE  DEPARTMENTS,  (MISCELLANEOUS   PROVISIONS.) 

titled  to  such  payments,  a  certificate,  in  writing,  signed  by 
the  head  of  such  department,  specifying  the  contract  upon 
which  such  payment  is  due,  and  the  amount  due  upon 
such  contract. 

2&SSL  °onf  §  32-  Tt  snal1  be  the  dut7  of  the  Comptroller,  on  the 
amount  due.  presentation  of  such  certificate  being  made  to  him,  to  pay 
the  amount  thereof,  and  indorse  such  payment  upon  the 
contract  upon  which  said  payment  is  made;  but  no  payment 
shall  be  made  upon  such  contract  beyond  the  amount 
thereof,  and  the  final  payment  thereon  shall  not  be  made 
until  the  head  of  department  having  such  work  in  charge, 
shall  furnish  the  Comptroller,  who  shall  file  the  same  in 
his  office,  a  certificate,  signed  by  the  head  of  such  depart- 
ment, that  the  work  mentioned  in  such  contract  has  been 
completed  according  to  the  terms  of  said  contract,  and  to 
the  satisfaction  of  the  head  of  department  giving  such 
certificate.  The  final  payment  upon  any  such  contract 
shall  be  at  least  thirty  per  cent,  on  the  amount  thereof, 
and  the  certificate  of  such  final  payment  shall  not  be  given 
until  the  assessment  for  said  work  shall  be  confirmed  by 
the  Common  Council. 

SSentfAs"  §  33'  The  Comptroller  shall  keep  a  record  of  all  bonds 
so  issued,  specifying  the  particular  work  on  account  of 
which  the  same  may  be  issued,  and  all  moneys  collected 
on  account  of  any  work,  for  the  payment  of  which  said 
bonds  were  issued,  shall  be  faithfully  applied  as  aforesaid; 
and  all  sums  thus  received  by  the  Comptroller,  for  interest, 
from  the  contractors  beyond  the  amount  paid  as  interest, 
upon  the  assessment  bonds,  contemplated  by  this  ordinance, 
shall  be  paid  into  the  Sinking  Fund  pledged  for  the 
redemption  of  the  city  debt.  ' 

extract*,  §  34.  Sections  28  to  34  shall  apply  only  to  contracts  of 
ten  thousand  dollars  and  over.  Contracts  involving  an 


p«id.          expenditure  of  less  amount  than  ten  thousand  dollars  may 


EXECUTIVE  DEPARTMENTS,  (MISCELLANEOUS  PROVISIONS.) 

be  paid  by  the  Comptroller,  with  assessment  bonds,  issued 
in  accordance  with  the  state  law  of  April  16,  1852,  in  the 
manner  prescribed  by  these  ordinances,  only  upon  the 
confirmation  of  the  assessment  by  the  Common  Council. 
And  it  is  also  hereby  expressly  provided  that,  hereafter, 
when  the  Street  Commissioner  and  Comptroller,  or  either 
of  them,  have  reason  to  believe  that  the  assessable  pro. 
perty  is  insufficient  to  provide  for  its  full  payment  by  an 
assessment  made  in  compliance  with  the  laws  of  the  state, 
and  the  ordinances  of  the  Common  Council,  it  shall  be  the 
duty  of  the  Comptroller  to  have  a  certified  copy  of  the 
valuation  of  the  property  fronting  on  the  avenues  or 
streets  embraced  in  the  ordinance,  and  if  the  sum  required 
to  complete  the  work  is  greater  than  the  sum  which  can 
be  assessed  and  collected  from  the  property,  the  work  shall 
not  be  put  under  contract,  but  all  the  facts,  with  the 
opinions  of  the  Street  Commissioner  and  the  Comptroller, 
in  relation  to  the  matter,  shall  be  reported  to  the  Common 
Council,  to  the  end  that  the  payment  of  all  assessment 
bonds  issued  under  this  chapter  for  the  payment  of 
contractors  may  be  amply  provided  for  by  the  property 
benefited  by  the  improvement. 

§  35.  It  shall  not  be  lawful  for  the  several  departments  contracts  not 

to  exceed  ap> 

of  the  city,  and  those  having  charge  of  expenditures,  to 
make  contracts  or  incur  expenditures  authorized  by  the 
Common  Council,  to  an  amount  exceeding  the  several  ap- 
propriations made,  unless  an  appropriation  sufficient  to 
cover  such  excess  shall  have  been  made  by  the  Common 
Council. 

§  36.  All  resolutions  authorizing  expenditures  to  be 
hereafter  made,  shall  provide  for  defraying  the  same  from 
the  general  appropriations  for  the  year;  but  in  case  any 
special  appropriation  shall  be  made  for  any  object  of  ex- 
penditure under  any  of  the  several  heads  of  accounts,  the 


188  EXECUTIVE  DEPARTMENTS,  (MISCELLANEOUS  PROVISIONS.) 

same  shall  be  considered  as  forming  a  part  of  the  several 
heads  of  accounts  and  of  the  general  appropriation. 

wo°r°kfdofnethe  §  ^  -  Each  and  every  contractor  shall  be  required  to 
have  an  affidavit  from  the  Surveyor,  setting  forth  the 
amount  of  work  done  of  every  description,  that  may  be 
charged  in  each  bill  or  assessment  list  of  said  contract, 
and  that  said  affidavit  be  attached  to  said  assessment  list; 
also,  that  the  Inspector  be  requested  to  furnish  an  affida- 
vit attached  to  each  contract,  that  the  said  work  is  done 
according  to  the  plan  and  specifications  ;  said  affidavit  to 
be  attached  to  each  assessment  list  before  presented  for 
confirmation. 

lSsrs°n  §  38-  Tne  Street  Commissioner  is  authorized  and  di- 
rected to  purchase  the  materials  necessary  to  make  the 
repairs  required  to  the  roads;  the  said  materials  to  be  de- 
livered at  points  on  the  roads  where  the  repairs  are  re- 
quired; and  is  authorized  and  directed  to  employ  such 
labor  as  may  be  necessary,  to  distribute  such  materials, 
and  make  such  repairs  without  contract. 


NOUOC  toyar-  §  39.  it  shall  be  the  duty  of  heads  of  appropriate  depart- 
ments, on  application  being  made  to  the  Common  Council 
for  any  object  or  measure,  the  expense  of  effecting  which 
is  by  law  directed  to  be  assessed  upon  the  property  bene- 
fited, or  for  any  change  or  alteration  of  the  established 
grade  or  height  of  any  street  or  avenue,  to  give  notice  in 
the  newspapers  employed  by  the  Corporation  of  such  ap- 
plication, requesting  such  as  may  object  to  such  applica- 
tion, to  present  the  same  in  writing,  at  the  office  of  said 
department,  on  or  before  the  expiration  of  ten  days  from 
the  date  of  such  notice. 

Payment  of     §  40.  In  all  cases  of  delinquency  in  the  payment  of  any 

contractors.  assessment  for  work  done,  under  a  contract  made  by  any 

contractor  with  the  Corporation,  in  respect  to  any  street 


EXECUTIVE  DEPARTMENTS,  (MISCELLANEOUS  PROVISIONS.)  189 

or  road,  and  in  respect  to  the  building  of  wharves,  piers, 
slips  and  sewers  in  this  city,  and  in  all  such  like  contracts, 
on  a  final  settlement  with  every  such  contractor,  there 
shall  be  allowed  and  paid  to  such  contractor  all  interest 
money  which  shall  have  been  collected  on  his  account  or 
contract,  first  deducting  the  collector's  commissions  on  so 
much  of  the  said  interest  as  shall  have  been  collected  and 
received  by  him. 

§41.  In  all  contracts  for  work  done   at   the  expense,  FUII  payment 

may  bemade 

and  by  the  said  the  Mayor,  Aldermen  and  Commonalty,  ^contractor* 

*  J  J  '  in  certain  ca- 

for  the  more  speedy  execution  of  any  by-laws,  ordinances,  ses> 
orders  or  directions  of  the  said  Mayor,  Aldermen  and 
Commonalty,  and  which,  by  any  law  the  said  Mayor, 
Aldermen  and  Commonalty  are  authorized  to  collect,  by 
assessment  or  otherwise,  from  the  owners  or  occupants, 
lessees  or  parties  interested  in  any  property  deemed  bene- 
fited thereby,  provision  shall  be  made  for  the  payment 
of  the  amount  of  said  contract,  on  the  completion  of  the 
work  to  the  satisfaction  of  the  department  making  such 
contract. 


§  42.  It  shall  be  lawful  for  the  department  making  any 
contract,  of  the  character  mentioned  in  the  preceding  sec- 
tion of  this  chapter,  to  make  provision  for  the  payment 
to  any  contractor  of  installments  on  account  of  such  work, 
as  the  same  progresses,  reserving  ten  per  cent,  of  the  con- 
tract price  of  the  work  actually  done,  to  remain  as  security 
till  the  whole  work  be  completed  according  to  the  contract. 

§  43.  The   Street  Commissioner  shall  hereafter  insert  a  contract 

building 

clause  in  all  contracts  for  building  piers  and  bulkheads,  Pier8>  &(X 
or  repairing  the  same,  that  no  more  timber  or  other  mate- 
rials shall  be   deposited  in  the  slips  or  basins  than  is  ne- 
cessary for  the  completion  of  the    work   specified   in  the 
contract. 


190  OP  THE  SINKING   FU-ND. 

CHAPTER   IX. 

OF    THE    SINKING    FUND. 

ARTICLE  I. — OF  THE  SINKING  FUND  FOR  THE  REDEMPTION 

OF  THE  CITY  DEBT. 
II. — OF  THE  SINKING  FUND  FOR  THE  PAYMENT  OF 

INTEREST. 

III. — OF  THE  OFFICERS  OF  THE  SINKING  FUND. 
IV. — OF  THE  DISPOSITION  OF  REAL  ESTATE. 
V. — OF  THE  VALUATION  AT  WHICH  REAL  ESTATE 

SHALL   BE    SOLD. 

ARTICLE    I* 

OF  THE  SINKING  FUND  FOR  THE  REDEMPTION  OF  THE  CITY 
DEBT, 

Kcfor°fthe  §  1-  ^  moneys  heretofore  received,  and  hereafter  to 
™St?SS!t.  be  received,  from  the  following  sources,  are  hereby  pledged, 
appropriated  to,  and  constitute  and  form,  a  fund  called 
"  The  Sinking  Fund  of  the  City  of  New  York,  for  the 
redemption  of  the  City  Debt,"  until  the  whole  of  the  stocks 
of  the  city  of  New  York  shall  be  finally  and  fully  redeemed, 
namely : 

*  The  following  note  is  taken  from  the  edition  of  the  Corporation  Ordinances 
revised  and  published  in  1845. 

On  the  9th  of  August.  1813,  the  Common  Council  passed  the  first  ordinance  creating 
the  Sinking  Fund.  (See  MSS.  Book  of  Ord.  March  9, 1812,  p.  293.)  This  ordinance 
does  not  appear  in  any  printed  edition  of  the  Corporation  Ordinances,  but  with  some 
slight  variations,  is  the  same  as  those  appearing  in  the  revisions  of  1817, 1821, 1823, 
1827  and  1834,  p.  219. 

£  The  Revision  of  1839,  p.  140-145,  contained  the  same  ordinance  with  some  variations. 
The  whole  subject  has,  however,  been  revised  in  the  present  ordinance,  the  general 
.objects  of  which  are  thus  stated  in  the  report  of  the  Finance  Committees  of  both  Boards, 
presented  to  the  Board  of  Aldermen,  December  29,  1843.  (Doc.  Board  of  Aldermen, 
vol.  10,  p.  593.)  Speaking  of  the  present  ordinance,  the  Committee  observe  : 

"  The  present  ordinance  aggregates,  with  some  amendments,  the  propriety  of  which 


OP  THE  SINKING  FUND.  191 

1st.  For  commutation  of  quit-rents  on  grants. 

2d.  For  quit-rents  arising  from  such  grants  as  were 
issued  prior  to  the  year  one  thousand  eight  hundred  and 
four. 

3d.  The  net  proceeds  of  all  sales  of  real  estate  be- 
longing to  the  Corporation,  when  sold, 

4th.  The  neu  proceeds  of  all  bonds  and  mortgages 
payable  to  the  Corporation,  when  collected. 

5th.  For  licenses  to  pawnbrokers,  and  dealers  in  the 
purchase  or  sale  of  second-hand  furniture,  metals  or 
clothes. 

6th.  For  hackney  coach  licenses,  and  street  vaults. 

7th.  For  exclusive  occupation  of  private  wharves,  basins 
and  piers. 

8th.  For  market  fees  and  market  rents. 

9th.  The  proceeds  of  all  bonds  and  mortgages  which 
may  have,  or  shall  become,  the  property  of  the  Corpora- 
tion, in  pursuance  of  the  ordinance  creating  "  The  Fire 
Loan  Stock  of  the  City  of  New  York." 


•experience  has  suggested,  all  ordinances  of  the  city  relating  to  the  Sinking  Fund. 
Existing  ordinances  provide  only  for  the  administration  of  the  fund  as  it  comes  into  the 
Commissioners'  hands,  in  cash.  The  proposed  ordinance,  in  addition  to  this,  is  intended 
to  establish  a  permanent  policy  in  the  management  and  sale  of  the  unconverted  pro- 
perty of  the  city,  pledged  to  the  Sinking  Fund.  The  objects  to  which  this  fund  ought 
to  be  devoted  are  two-fold  :  one,  for  the  liquidation  of  the  principal  of  the  city  debt ; 
and  the  other,  the  payment  of  interest,  as  it  accrues.  This  has  already  been  legislated 
upon  by  the  State  Government.  It  is  enacted  that  the  revenues  assigned  by  the  Cor- 
poration for  the  extinguishment  of  the  debt,  be  permanently  pledged  for  that  purpose. 
The  ordinances  of  the  Corporation  fully  re -pond  to  this.  It  has  likewise  been  enacted, 
that  all  other  revenues  of  the  Corporation,  be  pledged  to  the  payment  of  the  interest 
thereon  ;  and  in  the  same  law,  the  State  pledged  themselves  to  pass  all  other  necessary 
laws  to  levy  a  proper  tax,  in  case  these  revenues  should  at  any  time  prove  insufficient. 
These  revenues  were  sufficient,  until  the  creation  of  the  Water  Debt,  and  thereupon,  the 
legislature,  in  conformity  with  its  pledge,  passed  a  permanent  law  for  the  levying  of 
this  deficiency  annually.  The  Corporation,  although  it  has  paid  the  interest,  has  never 
passed,  in  the  form  of  an  ordinance,  a  provision  in  conformity  with  the  State  pledge  ; 
and  tliis  ia  proposed  in  the  ordinance  now  submitted  by  your  Committee." 


192  OP  THE  SINKING   FUND. 

10th.  The  buildings  included  in  the  establishment 
called  the  Alms-house,  at  Bellevue,  together  with  the  lots 
of  land  and  water  rights  attached  thereto,  when  sold,  and 
the  rents,  when  leased. 

llth.  Such  portions  thereof  of  the  annual  taxes  levied  in 
the  city  and  county  of  New  York,  as  may  be  collected  for 
the  redemption  of  the  "  Floating  Debt  Stock  of  the  City 
of  New  York,"  and  "  TMe  Fire  Indemnity  Stock  of  the 
City  of  New  York." 

12th.  All  such  other  sources  of  revenue  or  sums  of 
money  as  the  said  Corporation  shall  hereafter  think 
proper  to  appropriate  to  said  fund. 

ARTICLE    II. 

OP    THE    SINKING    FUND    FOR   THE  PAYMENT   OF   INTEREST   ON 
THE   CITY   DEBT. 

sourcesofihe      §  2.  All  moneys  hereafter  to  be  received  from  the  folio  w- 

fund  for   a-         °  • 

sources,  are  pledged,  appropriated  and  applied  to,  and 
constitute  and  form  a  fund,  to  be  called  "The  Sinking 
Fund  of  the  City  of  New  York,"  for  the  payment  of  the 
interest  accruing  and  to  accrue  upon  the  stocks  of  the  city 
of  New  York,  until  the  same  shall  be  fully  and  finally 
redeemed,  namely  : 

1st.  For  interest  on  all  bonds  and  mortgages  owned  by 
the  Corporation. 

2d.  For  commutation  of  alien  passengers. 

3d.  For  Mayoralty  fees. 

4th.  For  fines  and  penalties. 

5th.  For  fees  and  fines  collected  by  the  Clerks  of  Courts 
for  the  Corporation. 

6th.  For  rents  from  all  sources  not  already  pledged. 


fund  for  pay 

Sweat  °f  in 


OP   THE   SINKING   FUND.  193 

7th.  For  tavern  and  excise  licenses. 

8th.  For  sales  of  all  property  of  the  Corporation  other 
than  real  estate. 

9th.  Such  portion  of  the  annual  taxes  levied  in  the 
Water  District  of  the  city  of  New  York  as  may  be  col- 
lected to  supply  the  deficiency  of  interest  accruing  on  the 
Water  Stocks  of  the  city  of  New  York. 

10th.  Nothing  in  this  chapter  shall  be  so  construed  as 
to  impair  or  affect  any  pledge  heretofore  made  and  now 
existing,  of  any  property  or  its  proceeds  embraced  in  this 
chapter,  or  in  the  ordinances  relating  to  the  city  debt. 

ARTICLE  III. 

OF   THE    OFFICERS   OF   THE   SINKING   FUND. 

« 

§  3.  The  Mayor,  Recorder,    Comptroller  and  Treasurer  commission- 
of  the  said  city,  and  the  Chairman  of  the  Finance  Com-  sinking  fund. 
mittee  of  the  Board  of  Aldermen,  and  the  Chairman  of  the 
Finance  Committee  of  the  Board  of  Councilmen,  for  the 
time   being,    shall   constitute  and  be  denominated    "The 
Commissioners  of  the  Sinking  Fund  of  the   City  of  New 

York.'7 

h 

§  4.  Any  four  or  more  of  the  persons  named  in  the  third  ibid, 
section  of  this  article,  of  whom  the  Comptroller  shall  be 
one,  shall  be  and  are  hereby  authorized  to  discharge  the 
trusts  and  duties  vested  in  them  by  this  chapter. 

§  5.  All  purchases  to  be  made  of  the  city  stocks,  shall  commission6 
be  made  by,  or  under  the  direction  of  the  Commissioners  ers- 
of  the  Sinking  Fund  as  herein  and  hereby  constituted. 

§  6.  The  said   Commissioners  shall,  from  time  to  time,  n>i<*. 
invest  the  moneys  which  shall  constitute  the  Sinking  Fund, 
for  the  redemption   of  the  city  debt,  or  as  much  as  they 


194  OF   THE   SINKING    FUND. 

can  in  the  purchase  of  stocks  created  by  the  Corporation 
of  the  city  of  New  York,  at  the  market  price,  not  exceeding 
the  par  value  thereof ;  and  if,  at  any  time,  such  investments 
cannot  be  made  at  par,  then  the  said  Commissioners  shall 
be  authorized  to  invest  the  said  moneys,  or  such  part  thereof 
as  they  may  see  fit,  either  in  the  purchase  of  the  said  stock 
or  the  stock  of  the  State  of  New  York,  or  the  stock  of 
the  United  States,  notwithstanding  such  stock  may  be  above 
the  par  value  thereof. 

Duties  OF  the      §  7.  The  powers  conferred  on  the  said  Commissioners  in 

Commission - 

ers-  the  preceding  section  of  this  article,  shall  be  so  construed  as 

to  render  it  imperative  on  the  said  Commissioners,  at  all 
times,  to  give  preference  to  the  purchase  of  City  Stock,  if 

the  same  can  be  procured  at  a  reasonable  rate. 

* 

and,  §  8.  Whenever   the  said   Commissioners  shall  have  in- 

vested any  part  of  the  said  fund  in  the  purchase  of  the 
stocks  of  this  state,  or  of  the  United  States,  and  shall  at 
any  time  thereafter  be  enabled  to  purchase  any  of  the  city 
stocks  at  such  prices  as  they  may  jucjge  best  for  the  public 
interest,  they  shall  forthwith  sell  and  dispose  of  the  same, 
and  invest  the  said  stocks  of  the  state,  or  of  the  United 
States,  or  the  net  proceeds  thereof,  in  the  City  Stock,  if,  in 
their  opinion,  such  disposition  would  be  beneficial  to  the 
public  interest. 

ti>ui  §  9.  Whenever   the   said    Commissioners  shall  have  in- 

vested any  part  of  the  said  fund  in  the  purchase  of  city 
stock,  and  shall  at  any  time  thereafter  be  enabled  to  pur- 
chase any  of  the  city  stock,  which  shall  be  by  its  terms 
redeemable  at  an  earlier  day,  they  may  forthwith  sell  the 
same,  and  invest  the  net  proceeds  in  such  other  city  stock, 
if,  in  their  opinion,  such  exchange  shall  be  desirable  and 
beneficial  to  the  public  interest. 

§  10.  Whenever  any  of  the  moneys  constituting  "The 


OF  THE  SINKING  FUND.  195 

Sinking  Fund 7/*  for  the  redemption  of  the  city  debt  shall 
be  required  for  any  such  purchases  or  investments  as  are 
in  this  article  before-mentioned,  or  for  the  redemption  of  any 
of  the  city  stocks  at  their  maturity,  the  amount  of  money 
respectively  required  shall  be  paid  from  the  treasury,  by 
warrant  signed  by  the  said  Commissioners,  or  any  four  of 
them,  the  Comptroller  being  one. 

§  11.  All  stocks  and  securities  which  shall  be  purchased  paties  of  llie 

CoinmirfMon- 

by  the  said  Commissioners,  shall  be  transferred  to  the  said  ers- 
Commissioners;  and  all  transfers  thereof,  when  disposed  of 
pursuant  to  the  provisions  of  this  chapter,  shall  be  made 
by  the  said  Commissioners,  or  any  four  of  them,  of  whom 
the  Comptroller  shall  be  one. 

§  12.  The  City  Stock  which  shall  be  purchased  by  the  ibid. 
Commissioners,  shall  not  be  canceled  by  them  until  the  final 
redemption  of  the   said   stock,  and  all   interest   accruing 
thereon,   shall   regularly  be   carried  to   the  said  Sinking 
Fund  for  the  redemption  of  the  city  debt. 

§  13.  The  revenues  herein  assigned  for  the  redemption  ibid. 
of  the  city  debt,   shall   be  kept  distinct   from  all  other 
revenues  belonging  to  the  said  Commissioners. 

§  14.  All  moneys  constituting  the  fund  for  the  payment Ibid- 
of  the  interest  on  the  city  debt,  whenever  required  to  meet 
such  interest,  shall  be  drawn  from  the  treasury  in  the  man- 
ner prescribed  in  section  10  contained  in  this  chapter. 

§  15.  Nothing  in  this  ordinance  shall  be  so  construed  as  n>»d- 
to  prevent  the  said    Commissioners   from  temporarily  in- 
vesting the  unemployed  moneys  belonging  to  the  Sinking 
Fund  in  the  temporary  bonds  of  the  Corporation. 

§  16.  It  shall  be  the  dutv  of  the  Comptroller  to  keep  a  Journal  and 

report  of  Com 

correct  journal  ot  the  proceedings  of  the  said  Commis- 
sioners,  to  be  verified  by  any  four  of  them,  himself  being 


196  OP  THE   SINKING   FUND. 

one,  and  once  in  each  year,  or  oftener  if  required,  to  ren- 
der unto  the  Common  Council  a  full  and  detailed  report 
of  the  proceedings  of  the  said  Commissioners. 

oSSon-  §  17-  The  said  reP°rt  sha11  specify  the  disbursements, 
purchases,  exchanges  and  sales,  made  by  the  said  Commis- 
sioners, the  prices  at  which,  and  the  parties  from  whom 
such  purchases,  with  whom  such  exchanges,  and  to  whom 
such  sales  shall  have  been  made,  the  amounts  and  descrip- 
.  tion  of  the  stocks  of  this  city  purchased  by  the  said  Com- 
missioners, the  amounts  and  description  of  the  stocks  of 
this  state,  and  of  the  United  States  then  held  by  them;  the 
amounts  paid  for  interest  on  the  City  Stocks,  with  a  de- 
tailed statement  of  the  receipts  and  the  unemployed  moneys 
in  the  City  Treasury  to  the  credit  of  each  division  of  the 
Sinking  Fund. 

construction.  §  jg.  The  terms  "  City  Debt,"  and  "  City  Stock"  used 
in  this  article,  shall  be  construed  to  mean  any  stock  or 
fund  created  by  the  Corporation  of  the  city  of  New  York. 

ARTICLE     IV. 

OF   THE   DISPOSITION   OF   REAL   ESTATES. 

Sipttaker       §  19-  Ifc  sha11  bc   tlie  duty  of  said   Comptroller  to  take 
eSe°freal  charge  of  all  the  real  estate  belonging  to  the  Corporation, 
and  to  prevent  all  encroachments  thereon. 

&??'a°nfddcodrs      §  20-  Tt  slia11  be  the  dut7  of  said  Comptroller  to  keep 
stock?8        all  title  deeds,  leases,  bonds  and  mortgages,  and  other  as- 
surances of  title,  and  all  certificates  of  stock  belonging  to 
the  Sinking  Fund. 

°f  §  21.  It  shall  be  the  duty  of  said  Comptroller  to  super- 
intend the  collection  of  all  rents,  interests  and  demands, 
due  the  said  Sinking  Fund,  and  to  direct  all  necessary 


OF  THE   SINKING    FUND.  197 

measures  to  compel   the  payment  of  them,  and  report  the 
•condition  of  the  same  to  the  Common  Council  quarterly. 

§  22.  It  shall  be  the  duty  of  the  said  Comptroller  to 
consent,  in  the  name,  and  behalf  of  the  Corporation,  when- 
ever he  deems  it  proper,  that  the  lessee  or  assignee  of  any 
lease  made  by  the  Corporation,  may  assign  such  lease  or 
underlet  the  demised  premises  ;  but  no  such  consent  shall 
be  given  unless  all  arrears  of  rent  be  paid  in  full,  and  all 
taxes  and  assessments  due  thereon. 

§  23.  It  shall  be  the  duty  of  the  said  Comptroller,  under 
the  sanction  of  the  Commissioners  of  the  Sinking  Fund,  to  !uga' 
appoint  appraisers  on  behalf  of  the  Corporation,  to  settle 
the  rent  on  renewal  of  any  leases,  or  the  value  of  the  build- 
ing to  be  paid  for  on  the  expiration  of  any  lease  in  which 
the  Corporation  is,  or  shall  be  interested,  whenever  by  the 
provisions  of  such  lease  the  appointment  of  such  appraisers 
is  required. 

§  24.  The  said  Comptroller  is  hereby  authorised,  with  o 
the  sanction  of  the  said  Commissioners,  to  assign  any  bond  Mort*ases- 
or  mortgage  held  by  the  Commissioners  of  the  Sinking 
Fund,  to  any  person  or  persons  who  may  elect  to  take  such 
assignment,  upon  the  payment  in  full  of  the  principal  and 
interest  due  on  said  bond  and  mortgage;  and  the  Mayor 
and  Clerk  of  the  Common  Council  are  hereby  authorized 
and  directed  to  execute,  under  their  hands  and  seal  of  the 
city,  any  such  assignment,  upon  evidence  being  exhibited  to 
them,  showing  that  the  principal  and  interest  of  such  bond 
and  mortgage  has  been  paid  into  the  treasury  of  said  city 
.  to  the  credit  of  the  Commissioners  of  the  Sinking  Fund. 

§  25.  Upon  the  payment  of  any  bond  and  mortgage  in  Paymeut  ot 

Bonds      and 

full,  it  shall  be  the  duty  of  the  said  Comptroller  to  pre-  Mo.t^ges. 
pare  and  cause  to  be  executed,  a  proper  satisfaction  of  such 
bond  and  mortgage,  and  the  said  Mayor  and  Clerk  of  the 


198  OP   THE   SINKING   FUND. 

Common  Council  are  hereby  authorized  to  execute  the 
same,  upon  the  production  of  evidence  that  the  same  has 
been  paid,  as  provided  in  the  preceding  section  of  this 
article.  But  no  release  of  any  part  of  the  premises  contained 
in  such  mortgage,  from  the  lien  created  by  such  mortgage 
thereon,  shall  be  made  or  executed  by  them. 

oroSt^rems1  §  ^'  Whenever  any  person  or  persons  may  desire  to 
commute  any  quit-rent  due  the  Corporation,  it  shall  be  the 
duty  of  the  said  Comptroller  to  calculate  such  commuta- 
tion at  the  rate  of  six  per  cent.,  and  upon  the  production 
of  evidence  that  the  same  and  all  arrears  of  rent  have  been 
paidinto  the  treasury,  as  provided  in  section  24,  of  this 
chapter,  it  shall  be  the  duty  of  the  Mayor  and  Clerk  to  exe- 
cute a  release  of  such  quit-rent. 

ttTer°roacrt  §  ^'  Whenever  any  property  belonging  to  the  Corpora- 
tion is  unproductive,  or  the  term  for  which  it  may  have 
been  leased  or  let  shall  have  expired,  or  be  about  expiring, 
it  shall  be  the  duty  of  the  said  Comptroller,  to  let  the 
same  for*  a  term  not  exceeding  one  year,  as  provided  in 
the  next  succeeding  section,  if,  in  his  judgment,  it  will  be 
beneficial  to  the  public  interest  to  do  so. 


of        §  28.  Whenever,  in  the  judgment  of  the  said  Cornptrol" 

Property. 

ler,  it  shall  be  more  advisable  to  lease  property  belonging 
to  the  Corporation,  it  shall  be  his  duty  to  communicate  (the 
same,  with  his  reasons  therefor,  to  the  Commissioners  of 
the  Sinking  Fund,  and  if  they  concur  with  him,  they  are 
hereby  authorized  and  empowered  to  lease  the  same  in  such 
manner  as  they  may  deem  most  fit  for  the  interest  of  the 
city,  conforming  in  such  leasing  to  the  provisions  of  the 
act,  entitled  "  An  act  further  to  amend  the  charter  of  the 
city  of  New  York,"  passed  April  14,  1857,  and  upon  the 
production*  of  a  certificate  signed  by  a  majority  of  said 
Commissioners,  of  whom  the  Comptroller  shall  be  one,  it 


OF   THE    SINKING  FUND.  199 

shall  be  the  duty  of  the  said  Mayor  and  Clerk  of  the  Com- 
mon Council  to  execute  such  leases  under  their  hands  and 
seal  of  the  city;  said  lease  to  be  submitted  to  the  Common 
Council  for  their  sanction  before  being  executed. 

§29.  In  all  cases  of  grants  hereafter  to  be  made,  ofgjjyjj^ 
lands  under  water  on  the  shores  of  the  island  of  New  water% 
York,  or  on  the  shores  of  Long  Island,  and  within  the 
limits  of  the  various  charters  of  the  city  of  New  York,  and 
in  all  cases  of  extensions  of  grants  previously  made,  it 
shall  be  the  duty  of  the  Comptroller  and  the  Street  Com- 
missioner of  the  said  city  of  New  York,  to  report  to  the 
Commissioners  of  the  Sinking  Fund,  what  sum  of  money 
shall,  in  their  judgment,  be  charged  as  consideration  for 
such  grant,  and  if  the  said  Commissioners,  or  a  majority  of 
them,  shall  agree  to  the  terms  reported  by  the  said  Comp- 
troller and  Street  Commissioner,  then  the  said  Comptrol- 
ler shall  be,  and  he  is  hereby  authorized  to  cause  such 
grants  to  be  issued  to  the  parties  who  may  legally  be  enti- 
tled to  the  same. 

§  30.  The  preceding  section  shall  not  apply  to  grants  to  Reservation 

.  grants  oncer- 

be  made  on  the  North  or  Hudson  river,  between  Hammond  toin  Parts  of 

Hudson  river 

and  Thirtieth  streets;  so  far  as  the  consideration  money  is 
concerned;  but  the  rates  to  be  charged  for  grants  between 
said  Hammond  and  Thirtieth  streets,  shall  be  as  follows  : 

For  each  running  foot  along  the  exterior  lines  of  the 
present  grants  (excluding  the  width  of  streets),  and  along 
the  westerly  line  of  the  Eleventh  avenue  (excluding  the 
width  of  streets)  when  not  granted,  viz: 

For  grants  between  Hammond  and  Bank  streets.. .«  $20 

"  Bank  and  Bethune  streets 19 

"  "          Bethune  and  Troy  streets 18 

H  "          Troy  and  Jane  streets 17 

"  "          Jane  and  Horatio  streets. .  .  16 


200  OF  THE  SINKING   FUND. 

For  grants  between  Horatio  and  G-ansevoort  streets.     15 
"  "          Gansevoort  and  Twelfth  streets .     14 

"  "          Twelfth  street  and  centre  of  the 

block,  between  Thirteenth  and 

Fourteenth  streets 13 

"  The  centre  of  the  block,  between 

Thirteenth,     Fourteenth     and 

Nineteenth  streets 10 

"  "  Between  Nineteenth  and  Twen- 
ty-fourth streets 12 

"  Twenty-fourth  and  Thirtieth 
streets,  west  of  the  Eleventh 
avenue 10 

payment  for      §  31.  No  grant  shall  be  made  by  virtue  of  this  ordinance, 

grants.  * 

except  for  a  specific  consideration,  to  be  paid  in  cash,  or  in 
five  annual  installments,  secured  by  bond  and  mortgage  on 
the  premises  granted,  with  annual  interest,  at  the  rate  of 
seven  per  cent,  per  annum.  The  first  installment  to  be 
paid  on  the  issuing  of  the  grants. 

covenants  in      §32.  All  grants  made  by  virtue  of  this  ordinance,  shall 

grants. 

contain  the  usual  covenants,  including  those  in  relation  to 
streets  or  avenues  passing  through  them,  and  also  in  rela- 
tion to  bulkheads  and  wharfage. 

Baikheads or  §33.  No  grant  made  by  virtue  of  this  ordinance,  shall 
authorize  the  grantee  to  construct  bulkheads  or  piers,  or 
make  land  in  conformity  thereto,  without  permission  so  to 
do  is  first  had  and  obtained  from  the  Common  Council, 
and  the  grantees  shall  be  bound  to  make  such  land,  piers 
or  bulkheads,  at  such  times  and  in  such  manner  as  the 
Common  Council  shall  direct,  under  penalty  of  forfeiture 
of  such  grant,  for  non-compliance  with  such  directions  of 
the  Common  Council. 


OF  THE  SINKING  FUND.  201 

§  34.  Nothing  contained  in  the  two  next  preceding  sec-  Grants  on  L. 

Island  shore. 

tions,  shall  be  construed  as  applying  to  water  grants,  to 
be  made  on  the  shores  of  Long  Island. 

§  35.  The  Commissioners  of  the  Sinking  Fund  are  here-  |^f  Real 
by  authorized  to  sell  and  dispose  of  all  real  estate  belong- 
ing to  the  Corporation,  and  not  in  use  for  or  reserved  for 
public  purposes,  at  public  auction,  at  such  times  and  on 
such  terms  as  they  may  deem  most  advantageous  for  the 
public  interest,  in  conformity  with  the  provisions  of  the 
statute  in  this  article  before  referred  to,  provided,  how- 
ever, that  no  property  shall  be  disposed  of  for  a  smaller 
sum  than  that  affixed  to  the  description  of  said  property 
under  article  fifth  of  this  chapter,  and  at  least  thirty  days7 
previous  notice  of  the  time  and  place  of  such  sale,  including 
a  description  of  the  property  to  be  sold,  be  published  in 
each  of  the  newspapers  employed  by  the  Corporation. 

ARTICLE  V. 

OF  THE   VALUATION   AT    WHICH    REAL   ESTATE   BELONGING   TO 
THE  SINKING  FUND  SHALL  BE  SOLD. 

§  36.  Real  estate,  under  lease,  without  covenants  of  aid. 
renewal,  shall  not  be  sold  for  a  less  sum  than  the  same 
may  be  appraised  at  by  the  Commissioners  of  the  Sinking 
Fund  and  the  Street  Commissioner,  or  a  majority  of  them, 
at  a  meeting  to  be  held  and  an  appraisement  made,  within 
one  month  prior  to  the  date  of  the  sale. 

§  37.  Real  estate,  under  lease,  with  covenants  of  re-  ibid, 
newal,  shall  not  be  sold  for  a  less  sum  than  an  amount 
equal  to  a  commutation  on  the  present  rents  reserved,  cal- 
culated at  six  per  cent. 

§  38.  Real  estate,  not  embraced  in  the  last  two  preced- Ibid- 
ing  sections,  shall  not  be  sold  for  a  less  sum  than  the  same 
14 


202  OF   THE   SINKING   FUND. 

may  be  appraised  at,  pursuant  to  section  36  of  this 
chapter. 

sales  of  Real      §39.  Whenever  any  real  estate  shall  have  been  sold 

Estates. 

pursuant  to  the  preceding  sections  of  this  chapter,  it  shall 
be  the  duty  of  the  Commissioners  of  the  Sinking  Fund,  or 
a  majority  of  them,  to  give  a  certificate  under  their  hands 
that  the  same  has  been  sold  pursuant  to  the  provisions  of 
this  chapter,  and  upon  the  production  of  such  certificate 
and  the  evidence  that  the  proceeds  of  such  sale  have  been 
paid  into  the  treasury  to  the  credit  of  the  Sinking  Fund, 
for  the  redemption  of  the  city  debt,  it  shall  be  the  duty 
of  the  Mayor  of  the  city  and  the  Clerk  of  the  Common 
Council  to  execute  proper  conveyances  of  such  real  estate 
under  their  hands  and  the  seal  of  the  City  Corporation. 


OP  THE  FIRE  DEPARTMENT.  203 


CHAPTER  X. 

OF  THE  FIRE  DEPARTMENT. 

ARTICLE  I. — OF  THE  DEPARTMENT  GENERALLY. 

II. — OP  THE  CHIEF  ENGINEER,  THE  ASSISTANT  ENGI- 
NEERS AND  FIRE  WARDENS. 
III. — OF  THE  FIREMEN  AND  FIRE  COMPANIES,  AND 

HEREIN  OF  FIRE  APPARATUS  AND  THE  MANAGE- 
MENT AND  CARE  THEREOF,  AND  THE  REGULA- 
TIONS TO  BE  OBSERVED  AT  FIRES. 

IV. — OF  BELL-RINGERS. 
Y.— OF  FIRE  DISTRICTS. 
VI. — SPECIAL  PROVISIONS. 

ARTICLE  I. 

OF  THE  DEPARTMENT  GENERALLY. 

§  1.  The  Fire  Department  shall  exercise  the  powers, 
perform  the  duties,  and  enjoy  the  privileges  imposed  and  duties 
conferred  on  it  by  the  charters  of  the  city  and  the  various 
acts  amending  the  same;  by  the  laws  of  this  state  and  by 
the  ordinances  of  the  Common  Council. 

§  2.  The  Fire  Department  shall  consist  of  a  Chief  En-  Department, 

of  whom  to 

gineer,  thirteen  assistant  engineers,  twelve  fire  wardens,  consist- 
and  such  number  of  fire  engine  men,  hose  men,  hook  and 
ladder  men,  and  hydrant  men,  who  shall  be  citizens  of  the 
United  States,  of  the  age  of  twenty-one  years  and  upwards, 
as  now  are  or  hereafter  may  be,  from  time  to  time,  ap- 
pointed, in  the  manner  required  by  law,  and  who  shall  be 
respectively  distinguished  by  the  several  appellations 
aforesaid. 


204  OF   THE   FIRE   DEPARTMENT. 

ARTICLE  II. 

OP    THE     CHIEF    ENGINEER,    ASSISTANT   ENGINEERS    AND    FIRE 
WARDENS. 

S2£  hXw  §  3.  The  Chief  Engineer  of  the  Fire  Department  shall 
ted'  be  elected  every  three  years  by  the  members  of  the  Fire 
Department,  by  ballot,  and  the  person  receiving  the  great- 
est number  of  votes  for  the  office  shall  thereupon  be  enti- 
tled to  a  nomination  to  the  Common  Council  for  appoint- 
ment. 

Timeofeiec-  §4.  The  election  for  the  selection  of  Chief  Engineer,, 
under  this  ordinance,  shall  take  place  on  the  first  Tuesday 
after  the  first  Monday  in  February,  1860,  and  thereafter 
every  succeeding  three  years. 

powers  and      §  5.  The  Chief  Engineer  shall,  in  all  cases  of  fire,  have 

duties  of  Chf.         '  ' 

Engineer.  -faQ  sole  and  absolute  control  and  command  over  all  the 
assistant  engineers  and  other  persons  connected  with  the 
Fire  Department.  It  shall  be  his  duty  to  direct  the  other 
engineers  to  take  proper  measures  to  arrange  the  several 
fire  engines  in  the  most  advantageous  manner,  and  to  cause 
them  to  be  duly  worked  for  the  effectual  extinguishment 
of  fires.  It  shall  also  be  his  duty  to  examine,  twice  in 
every  year,  into  the  condition  and  number  of  the  fire  en- 
gines, and  other  fire  apparatus  and  fire  engine  houses,  and 
report  the  same  once  a  year  to  the  Common  Council,  to- 
gether with  the  names  of  all  the  members  of  the  Fire  De- 
partment, and  the  respective  associations  to  which  they 
belong.  He  shall  also  report  in  writing  to  the  Common 
Council  all  accidents  by  fire  that  may  take  place  in  this 
city,  with  the  causes  thereof,  as  well  as  they  can  be  ascer- 
tained, and  the  number  of  and  description  of  the  buildings 
destroyed  or  injured,  together  with  the  names  of  the  own- 
ers or  occupants.  He  shall,  whenever  any  of  the  fire 
engines,  hose  carts,  trucks  and  hooks  and  ladders  or  other 


OF   THE   FIRE   DEPARTMENT.  205 

apparatus  shall  require  to  be  repaired,  report  the  same 
forthwith  to  the  proper  officer,  and  under  his  direction, 
superintend  the  repairs  thereof.  He  shall  report  all 
violations  or  disobedience  of  orders  to  the  Commissioners 
of  the  Fire  Department.  He  is  authorized,  under  the 
direction  of  the  Common  Council,  to  sell  for  cash  any  old 
and  condemned  fire  engines  and  hose,  deposited  at  the 
public  yard,  and  shall  pay  the  money  received  therefor  to 
the  City  Chamberlain,  and  deposit  the  receipt  for  such 
money  with  the  Comptroller.  He  shall  also  have  such 
further  powers  and  perform  such  other  duties  as  are  pro- 
vided in  this  ordinance. 

§  6.  The   Chief  Engineer  shall   receive   for  his   salary  salary  of  CM. 

J  Engineer. 

the  yearly  sum  of  five  thousand  dollars. 

§  7.  The  nomination  of  the  assistant  engineers  shall  be  Assistant  En- 
gineers, how 
made  by  the  firemen  by  ballot,  every  three  years,  and  the  appointed. 

persons  receiving  the  greatest  number  of  votes,  shall  be 
respectively  entitled  to  a  nomination  to  the  Common 
Council  for  appointment  to  such  office. 

§8.  The   Common  Council  may,  at  their  pleasure,  or  New  election 

for  Assistant 

when  a  new  election  shall  be  asked  for  by  a  majority  of  Engineers. 
the  firemen,  order  a  new  election  for  one  or  more  of  such 
assistant  engineers,  and  the  person  or  persons  nominated 
at  such  new  election  shall,  when  duly  confirmed,  serve  only 
for  and  during  the  remainder  of  the  term  or  terms  of  the 
person  or  persons  in  whose  place  or  places  he  or  they  may 
respectively  be  elected. 

§  9.  At    least    one   of  the  Assistant  Engineers  to  be  Residence  or 

Assistant  En- 

elected  pursuant  to  the  foregoing  provisions,  shall  reside 
at  Harlem;  at  least  one  shall  reside  east  of  the  Sixth 
avenue,  and  between  Twenty-second  and  Eighty-sixth 
streets;  and  at  least  one  shall  reside  west  of  the  Sixth  ave- 


206  OF  THE  FIRE   DEPARTMENT. 

nue  and  between  Twenty-second  and  Eighty-sixth  streets. 
There  shall  be  in  all  thirteen  assistant  engineers,  and  as 
many  more  as  may,  from  time  to  time,  be  designated  by 
the  Common  Council. 

§  10.  The  Assistant  Engineers,  when  attending  fires,  are- 
' Bub"  sukject  *°  the  directions  of  the  Chief  Engineer. 

Engineers         §  11.  The  Chief  Engineer  and  Assistant  Engineers  shall 

cap  &  trum- 

respectively  wear  at  fires  a  leathern  cap,  painted  white, 
with  a  gilded  front  thereto,  and  a  fire  engine  blazoned 
thereon,  and  shall  also  carry  a  speaking  trumpet,  painted 
black,  with  the  words  "  Chief  Engineer,"  "  Engineer  No. 
1,"  (as  the  case  may  be,)  in  white,  and  the  same  designa- 
tions shall  also  be  painted  on  their  caps,  respectively. 

vacancy   of     §  12.  Whenever  a  vacancy  shall  occur  in  the  offices  of 

Engineers.  J 

Chief  Engineer  or  Assistant  Engineers,  the  engineers  and 
the  foremen  of  the  fire  companies,  collectively,  shall  have 
power,  and  it  shall  be  their  duty  to  call  a  special  election 
and  designate  the  time  for  holding  the  same,  to  the  end 
that  a  nomination  to  the  Common  Council  may  be  made 
pursuant  to  these  ordinances  to  supply  such  vacancy  or 
vacancies. 

§  13.  In  case  of  vacancy  in  the  office  of  Chief  Engineer,, 
the  senior  Assistant  Engineer  shall  discharge  the  duties  of 
Chief  Engineer  until  the  vacancy  shall  be  filled. 

eSnatof°f  §  14.  It  shall  be  the  duty  of  the  Chief  Engineer  or  the 
gi?eefsnt  ]  u  senior  Assistant  Engineer,  to  certify  under  his  hand  to  the 
Common  Council,  the  names  of  the  persons  who  may  from 
time  to  time,  be  designated,  pursuant  to  the  provisions  of 
the  7th  section  of  this  ordinance,  for  the  respective  offices 
for  which  they  may  have  been  nominated,  to  the  end  that 
if  approved  of  by  the  Common  Council,  they  may  be  apr 
pointed. 


OF   THE   FIRE   DEPARTMENT.  207 

§  15.  The  engineers  and  the  foremen  and  assistant  fore-  Regulation  of 

elections. 

men  of  the  fire  companies  shall  have  power,  and  it  shall 
be  their  duty  to  establish  and  provide  regulations  for 
holding  and  conducting  the  elections  authorized  to  be  held 
as  aforesaid,  and  rules  for  the  qualifications  of  electors 
thereat. 

§  16.  Every  fireman,  whose  appointment   as  a  member  who  qnaim- 
of  the  Fire  Department  shall  have  been  confirmed  three  elections. 
months  next  preceding  the  nomination  at  which  he  may 
offer  to  vote,  pursuant  to  these  ordinances,  and  who  shall 
then  be,  and  for  the  said  three  months  shall  have  been,  an 
acting  and  actual  member  of  the  Fire  Department,  shall 
be  entitled  to  one  vote  upon  such  nomination. 

§  17.  The  Comptroller  is  directed  to  pay  no  bill  of  ex-  Jg*™*  of 
penses  of  any  election  for  Chief  Engineer  or  other  engi- limited- 
neers  of  the  Fire  Department,  which,  including  advertising, 
inspectors'  expenses,  room-hire,  stationery,  &c.,  shall  ex- 
ceed the  sum  of  twenty-five  dollars. 

§18.  The  Fire  Wardens  shall  be  appointed  in  pursu- Fire  ward- 
ance  of  the  statutes  of  the  state,  and  when  attending  fires 
shall  be  subject  to  the  direction  of  the  Chief  Engineer  and 
the  Assistant  Engineers  of  the  Fire  Department. 

§  19.  It  shall  be  the  duty  of  the  said  Fire  Wardens  im-  Duties  of  Fire 

Wardens. 

mediately  on  the  alarm  of  fire,  to  repair  to  the  place 
where  it  may  be,  and  aid  and  assist  in  procuring  supplies 
of  water  to  the  fire  engines,  as  the  chief  or  assistant  engi- 
neers may  direct,  to  prevent  the  hose  from  being  trodden 
upon,  and  to  keep  all  idle  and  suspected  persons  at  a  pro- 
per distance  from  the  fire  and  from  the  vicinity;  and  the 
citizens  are  hereby  enjoined  to  comply  with  the  orders  and 
directions  of  the  said  Fire  Wardens  in  the  premises, 

§  20.  It  shall  be  the  duty  of  said  Fire  Wardens  twice  IM<L 
in  every  year,  viz:  in  the  months  of  June  and  December, 


208  OF   THE   FIRE    DEPARTMENT. 

Duties  ofFirc  and  as  much  often er  as  they  may  think  proper,  to  examine 

Wardens. 

the  dwelling-houses  and  other  buildings  in  their  respective 
wards,  for  the  purpose  of  ascertaining  all  violations  of  any 
act  in  force,  for  the  more  effectual  prevention  of  fires  in 
New  York;  and  also,  to  examine  the  fire-places,  hearths, 
chimneys,  stoves  and  the  pipes  thereto;  ovens,  boilers,  ket- 
tles, and  also  all  chemical  apparatus  which,  in  their  opin- 
ion, may  be  dangerous  in  causing  or  promoting  fires,  and 
also,  the  places  where  ashes  may  be  deposited,  and  upon 
finding  any  of  them  defective  or  dangerous,  they,  or  either 
of  them,  shall  direct  the  owner  or  occupant,  either  by  a 
printed  or  written  notice,  to  alter,  remove  or  amend  the 
same,  in  such  manner  and  within  such  reasonable  time  as 
they,  or  either  of  them,  may  deem  necessary;  and  in  case 
of  neglect  or  refusal  so  to  do,  the  party  offending  shall  for- 
feit and  pay  twenty-five  dollars,  and  for  every  day  after 
the  time  allotted  as  aforesaid,  to  alter,  remove  or  amend 
the  same,  in  conformity  with  the  direction  aforesaid,  the 
party  so  offending  shall  forfeit  and  pay  the  further  sum  of 
five  dollars;  and  all  the  expenses  of  any  removal,  altera- 
tion or  amendment  as  aforesaid,  shall  be  paid  in  the  first 
instance  by  the  occupant,  but  shall  be  chargeable  against 
the  owner  of  such  dwelling-house  or  other  building,  and 
shall  be  deducted  from  the  rent  of  the  same,  unless  such 
expense  be  rendered  necessary  by  the  act  or  default  of 
such  occupant,  or  unless  there  be  a  special  agreement  to 
the  contrary  between  the  parties.  And  it  shall  moreover 
be  the  duty  of  the  Fire  Wardens,  or  either  of  them,  at  such 
times  as  aforesaid,  to  enter  into  and  examine  all  buildings, 
livery  or  other  stables,  hay-boats  or  vessels,  and  places 
where  any  gunpowder,  hemp,  flax,  tow,  hay,  rushes,  fire- 
wood, boards,  shingles,  shavings,  or  other  combustible  ma- 
terials may  be  lodged,  and  give  such  directions  in  writing 
in  the  premises,  as  may  be  deemed  necessary  by  them,  or 


OF  THE  FIRE  DEPARTMENT.  209 

him,  relative  to  the  removal  thereof.  And  in  case  of  ne- 
glect or  refusal  on  the  part  of  the  possessor  of  such  com- 
bustible materials,  or  any  of  them,  to  remove  or  secure  the 
same  within  the  time  and  in  the  manner  directed  by  the 
said  Fire  Wardens,  or  either  of  them,  the  party  offending 
shall  forfeit  and  pay  twenty-five  dollars,  and  the  further 
sum  of  five  dollars  for  every  day's  neglect  to  remove  or 
secure  the  same,  after  being  so  notified. 

§  21.  Each  of  the  Fire  Wardens  shall,  when  attending  Fire  war- 
at  fires,  wear  a  leathern  hat,  with  the  brim  black,  the  crown  tnfmpetap 
painted  white,  and  the  city  arms  blazoned  on  the  front, 
and  shall  also  carry  a  speaking  trumpet  painted  white, 
with  the  word  "  Warden/7  painted  in  black  thereon. 

§  22.  The  Fire  Wardens  shall  receive  severally,   the  salaries  of 
salary  fixed  by  the  Legislature,  viz:  five  hundred  dollars 
per  annum.     The  Clerk  of  the  Board  of  Fire  Wardens, 
shall  receive  an  annual  salary  of  eight  hundred  dollars  per 
annum. 

ARTICLE  III. 

OF  THE  FIREMEN  AND  FIRE  COMPANIES,  AND  HEREIN  OF  FIRE 
APPARATUS  AXD  THE  MANAGEMENT  AND  CARE  THEREOF; 
AXD  THE  REGULATIONS  TO  BE  OBSERVED  AT  FIRES. 

§  23.  The  firemen  shall  be  divided  into  companies,  to  organization, 
consist  of  as  many  members  as  the  Common  Council  shall,  panics?  c<Sd 
from  time  to  time  direct,*  to  attend  to  the  fire  engines.  ™*S ' 


0  BY   RESOLUTION. — The   complement  of  men  allowed  to  the  different 
•engine,  hose  and  hook  and  ladder  companies,  shall  be  as  follows  : 

Men. 

First  class  engines  70 

Second  class  engines 60 

'Third  class  engines 50 

Hose  companies 30 

Hook  and  ladder  companies 


210  OF   THE   FIRE   DEPARTMENT. 

organization  hvdrants,  hose-wagons  and  hooks  and  ladders  belonging'. 

of  Fire  com-      " 

or  fcliat  may  nereafter  belong  to  the  Corporation  of  the 
city,  or  to  such  hydrants,  fire  engines,  hose-wagons  and 
hooks  and  ladders  as  the  Common  Council  shall  direct, 
and  each  of  the  companies  shall,  and  may  choose  out  of 
their  own  number,  a  foreman,  assistant  foreman  and  clerk,, 
in  such  manner,  and  at  such  times,  as  they  think  proper; 
and  it  shall  be  the  duty  of  the  said  firemen,  as  often  as 
any  fire  shall  break  out  in  the.  said  city,  to  repair  imme- 
diately upon  the  alarm  thereof  to  their  respective  engines, 
hose- wagons,  hooks  and  ladders,  and  convey  them  to,  or 
near,  the  place  where  such  fire  shall  happen,  unless  other- 
wise directed  by  the  Chief  or  other  Engineer;  and  there, 
in  conformity  with  the  directions  given  by  the  Chief  En- 
gineer or  other  Engineers,  to  work  and  manage  the  said 
engines  or  apparatus  and  implements,  with  all  their  skill 
and  power;  and  when  the  fire  is  extinguished,  they  shall 
not  remove  therefrom  but  by  the  direction  of  an  engineer,, 
and  on  such  direction  they  shall  return  their  respective 
hose-wagons,  hooks  and  ladders,  engines  and  apparatus, 
well  washed  and  cleansed,  to  their  several  places  of  de- 
posit. If  any  firemen  shall  neglect  to  attend  to  any  fire 
as  aforesaid,  or  leave  his  fire  engine  or  other  apparatus 
while  at  any  fire  without  permission,  or  shall  neglect  to  do 
his  duty  on  such  occasions  without  reasonable  excuse,  he 
shall,  for  every  default,  forfeit  and  pay  the  sum  of  three- 
dollars,  and  may,  on  request  of  the  company  to  which  he 
belongs,  be  removed  from  his  station  as  foreman. 

Hydrant  companies  to  remain  as  they  are. 

And  the  Chief  Engineer  is  hereby  directed  not  to  receive  any  more  re- 
turns of  members  elected  to  the  various  fire  companies  until  the  member- 
ship of  each  conforms  to  the  before-mentioned  standard. 

Resolution,  November  10,  1854. 

Amended  by  resolution,  January  5,  1857. 

Amended  by  resolution,  January  7, 1857. 


OF   THE   FIRE   DEPARTMENT.  211 

§  24.  It  shall  be  the  duty  of  each  and  every  fire  com-  companies  to 
pany  in  going  to,  or  returning  from  any  fire  or  alarm  of  neers- 
fire,  or  removing   their   apparatus  from  their   respective 
places  of  deposit,  to  obey  the  orders  of  the  Chief  or  other 
Engineer. 

§  25.  And  in   case  any  foreman  or   assistant  foreman,  officers     to 

obey      Engi. 

or  any  other  fireman,  having  charge  of  any  fire  company,  neers- 
disobeying  or  refusing   to   obey  any  order   or   direction 
given  by  the   Chief  or  other  Engineer,  he  shall,  for  such 
offense,  be  suspended  or  expelled  from  the  Fire  Depart- 
ment. 

§  26.  It  shall  be  the  duty  of  all  members  of  the  Fire  strangers  not 

to  be  permit- 
Department,  to  prevent  all  persons  not  belonging  to  the  ted  in  engine 

department,  from  entering  any  house  or  handling  any  ap- 
paratus belonging  to  the  department. 

§  27.  It  shall  be  the  duty  of  each  and  every  fireman,  to  ^g"10 

*  J  houses,  regu. 

prevent  boys  or  disorderly  characters  from  congregating  con" 

in  or  about  the  place  of  deposit  of  their  various  apparatus, 
and  not  to  allow  the  said  place  of  deposit  to  be  used  for 
any  other  purposes  than  those  directly  connected  with  the 
performance  of  their  duty  as  firemen.  No  persons  other 
than  members  and  exempt  members  of  the  company,  or  of 
the  Fire  Department,  in  good  standing,  shall  be  allowed  to 
sleep  in  any  engine,  hose,  or  hook  and  ladder  house;  neither 
shall  the  street  doors  of  the  said  houses  be  kept  open  ex- 
cept while  persons  are  passing  in  and  out,  or  while  any 
necessary  repairs  or  cleaning  are  being  performed.  It 
shall  also  be  the  duty  of  the  said  firemen  to  see  that  good 
order  is  preserved  in  and  about  the  houses  occupied  by 
their  respective  companies,  and  to  prevent  any  persons 
from  habitually  congregating  on  the  walks  in  front  of  the 
houses  of  their  said  apparatus. 


212  OF   THE   FIRE   DEPARTMENT. 

Regulations        §  28.  In  going  to  or  returning  from  a  fire,  the  drag-rope 
" 


e  the  proper  place  for  the  firemen,  except  the  officers 
in  command,  and  it  shall  be  their  duty  to  prevent  all  boys, 
and  noisy  and  improper  persons,  from  taking  hold  of  the 
rope.  On  no  account  shall  a  person,  other  than  a  member 
of  the  company,  or  a  member  or  exempt  member  of  the 
Fire  Department,  known  to  at  least  two  of  the  members 
of  the  company  present,  be  allowed  to  manage,  or  have 
any  control  of  the  tongue  or  tiller  of  any  apparatus,  in 
going  to  or  returning  from  a  fire.  It  shall  also  be  the 
duty  of  the  officers  and  members  of  each  and  every  com- 
pany when  returning  with  their  apparatus  from  a  fire,  or 
alarm  of  fire,  to  prevent  any  racing  of  their  company  with 
any  other  company,  and  to  abstain  from  any  conduct  that 
would  be  likely  to  cause  a  breach  of  the  peace,  or  reflect 
discredit  on  the  Fire  Department.  It  shall  further  be 
their  duty  to  use  all  endeavors  to  cultivate  good  feeling 
among  the  members  of  the  Fire  Department. 

§  29.  Each  and  every  officer  or  member  in  command  of 
for  neglect.    a  companv  shall  be  held  responsible  for  his  actions,  while 

exercising  command  over  any  fire  apparatus,  or  for  any 

willful  neglect  or  violation  of  any  of  the  duties  incumbent 

upon  him. 
Regulations       §  30.  No  fireman,  while  under  suspension  for  any  viola- 

tioii  of  the  ordinances  relative  to  the  Fire  Department, 


firemen.  shall  be  permitted  to  wear  a  fire-cap  bearing  the  frontis- 
piece of  the  company  to  which  he  is  attached,  nor  be  allow- 
ed to  vote  at  any  election  held  by  the  company;  neither 
shall  he  be  permitted  to  take  part  in  any  of  the  meetings, 
or  to  frequent  the  house  occupied  by  his  company.  And 
no  person  suspended  or  expelled  from  the  Fire  Department 
shall  be  allowed  to  take  command  or  exercise  control  over 
any  fire  apparatus  while  he  remains  under  such  sentence 
of  suspension  or  expulsion. 


OF   THE   FIRE   DEPARTMENT.  213 

§31.  It  shall  be  the  duty  of  each  and  every  company  Duties  or 

J  .  companies  on 

on  an  alarm  of  fire  being  given  for  the  district  or  districts  alarm  of  ere. 
in  which  the  said  company  does  duty,  to  proceed  with  all 
due  diligence  and  by  the  most  convenient  route  to  the  fire, 
or  to  the  place  from  whence  the  said  alarm  originated, 
unless  otherwise  directed  by  an  Engineer;  avoiding  all 
lying  in  wait,  or  any  departure  from  their  usual  route,  for 
the  purpose  of  racing  with  any  other  company. 

6  32.  Any  Engineer,  officer  of  a  company  or  member  of  Penalties  for 

violation     of 

the  Fire  Department,  who  shall  violate  any  of  the  ordi-  any  of  these 

ordinances. 

nances  relative  to  the  Fire  Department,  or  who  shall  know- 
ingly or  willfully  consent  to  or  assist  in  any  violation  of 
the  same,  shall  be  liable  to  suspension  or  expulsion  from 
the  Fire  Department.  And  any  company  so  found  guilty 
of  a  violation  of  any  of  the  ordinances  of  the  Fire  Depart- 
ment, shall  be  liable  to  be  disbanded. 

§  33.  All  persons  who  may  in  future  be  elected  to  fill  ^$£n  5 
vacancies  in  fire  companies,  shall  present  to  the  Chief  En-  jj£. compa' 
gineer  a  certificate  of  such  election,  signed  by  the  foreman 
and  secretary  of  the  company  in  which  he  has  been  elected; 
and  said  candidate,  before  the  Chief  Engineer  presents  his 
name  to  the  Commissioners  of  the  Fire  Department,  shall 
make  affidavit  that  he  is  a  citizen  of  the  United  States;  is 
twenty-one  years  of  age;  that  it  is  his  intention  to  perform 
active  duty  as  a  fireman  in  the  company  in  which  his  name 
is  enrolled;  and  that  he  will  promote  subordination  in  the 
Department. 

§  34.  No  boys  or  other  persons,  known  as  volunteers,  volunteers 

prohibited. 

shall  be  permitted  to  assume  the  garb  of  firemen;  or  have 
access  to  any  places  of  deposit  of  the  fire  engines,  hose, 
hook  and  ladder,  or  other  apparatus  of  the  Fire  Depart- 
ment; or  run  as  members  with  any  such  engine,  hose-cart 
or  hook  and  ladder  truck;  or  form  any  association  similar 


214  OP  THE  FIRE   DEPARTMENT. 

in  any  way  to  those  known  as  "  volunteer  associations." 
And  any  fire  company  in  the  city  of  New  York,  which  shall 
consent  to  any  violation  of  the  provisions  of  this  section, 
shall  be  forthwith  disbanded. 

JhembceJLPa-  §  35'  Tne  numbers  of  tne  members  of  the  engine,  hook 
and  ladder,  hose  and  hydrant  companies,  and  the  numbers 
and  locations  of  the  fire  apparatus  of  the  city,  shall  remain 
as  at  present  existing,  subject  to  be  varied  and  modified  by 
the  Common  Council. 

ofPnr°emenent  §  ^6.  Whenever  any  fireman  is  appointed  to  supply  any 
vacancy  in  any  company,  it  shall  be  his  duty  to  call  on  the 
Treasurer  of  the  Fire  Department,  and  procure  a  certifi- 
cate, within  one  month  from  the  date  of  his  appointment, 
specifying  the  name  and  number  of  the  company  to  which 
such  fireman  shall  be  elected;  and  each  fireman,  after  be- 
ing re-elected,  shall  obtain  a  new  certificate  as  aforesaid; 
and  it  shall  be  the  duty  of  the  Chief  Engineer  to  certify, 
on  every  return,  whether  a  vacancy  exists  in  the  company. 

fi?ePmen°E  °f  §  37.  If  a  fire  company  shall  vote  tor  the  expulsion  of  a 
fireman  belonging  thereto,  the  same  shall  be  forthwith  re- 
ported by  the  Chief  Engineer  to  the  Commissioners  of  the 
Fire  Department. 

complaints        §  38.  All  complaints  by  the  Chief  Engineer  or  Assistant 

against    fire-  .  . 

men.  Engineers  against  firemen  for  misconduct  in  the  perform- 
ance of  their  duties,  shall  be  forthwith  reported  to  the 
Commissioners  of  the  Fire  Department. 

offenses  by      §  39.  In  case  of  any  breach  of  the  peace,  or  other  viola- 

.firemen,  how 

.reported,  tion  of  good  order,  on  the  part  of  any  of  the  firemen  while 
on  duty,  the  officer  in  command  of  the  party  offending  shall 
forthwith  report  the  name  of  the  person  or  persons  so  of- 
fending to  the  Commissioners  of  the  Fire  Department;  and 
in  case  of  his  neglect  to  do  so,  he  shall  be  held  responsible 
for  the  same. 


'OF   THE  TIRE    DEPARTMENT.  215 

'§  40.  It  shall 'be  the  especial  duty  of  the  foreman  and  offenses   by 

J  firemen,  how 

assistant  foreman  of  each  engine,  hose,  hook  and  ladder  reported. 
and  hydrant  company,  to  see  that  the  provisions  of  the  last 
preceding  section  are  fully  and  strictly  enforced  so  far  as 
regards  the  company  to  which  such  foreman  or  assistant 
foreman  may  be  attached;  and  if  either  or  both  of  them 
aid  or  consent  to  the  violation  of  the  provisions  of  such 
section,  they  or  either  of  them  so  offending  shall  be  imme- 
diately expelled  from  the  department. 

§  41.  The  foremen  of  engine  companies  and  the  firemen  ^v5-- 
shall,  when  on  duty,  wear  leathern  caps,  in  the  form  here- 
tofore used;  and  the  said  caps  shall  be  painted  and  distin- 
guished in  the  manner  following,  viz:  the  cap  of  each  fore- 
man shall  be  painted  black,  with  a  white  frontispiece,  and 
the  word  "  foreman,"  with  the  initials  of  the  name  of  the 
foreman,  and  the  number  of  the  engine  to  which  he  belongs, 
painted  thereon  in  black.  The  cap  of  each  fireman  shall 
be  painted  black,  with  the  initials  of  the  name  of  the  fire- 
man, and  the  number  of  the  engine  to  which  he  belongs, 
painted  in  front  thereof  in  white.  The  foremen  of  each 
of  the  hook  and  ladder  companies  shall  wear  a  cap  painted 
black,  with  a  white  frontispiece,  and  the  word  "  foreman" 
and  the  initials  of  his  name,  and  the  number  of  the  com- 
pany to  which  he  belongs,  and  a  hook  and  ladder  painted 
thereon  in  black;  and  each  member  of  the  hook  and  ladder 
companies  shall  wear  a  cap  painted  black,  with  the  initials 
of  his  name  and  the  number  of  the  company  to  which  he 
belongs,  with  a  hook  and  ladder  painted  in  front  thereof 
in  white;  and  each  foreman  of  the  fire  hose  companies  shall 
wear  a  cap  painted  black,  with  a  white  frontispiece,  and 
the  word  "  foreman,"  and  the  initials  of  his  name  and  the 
number  of  the  company  to  which  he  belongs,  and  a  coil  of 
hose  painted  thereon  in  black;  and  each  member  of  the 
.said  fire  hose  companies  shall  wear  a  cap  painted  black, 


216  OF   THE   FIRE   DEPARTMENT. 

with  the  initials  of  his  name  and  the  number  of  the  com- 
pany to  which  he  belongs,  with  a  coil  of  hose  painted 
thereon  in  white;  and  the  assistant  to  each  respective  com- 
pany shall  wear  a  cap  painted  in  the  same  manner  as  that 
of  the  foreman  of  the  company,  with  the  word  "  assistant," 
in  lieu  of  the  word  "  foreman."  And  it  shall  be  the  duty 
of  the  Chief  Engineer  to  report  to  the  Commissioners  of 
the  Fire  Department  the  name  of  every  person  who  shall 
neglect  or  refuse  to  comply  with  the  foregoing  requisitions, 
which  said  person  shall  thereupon  be  removed  from  his 
office. 

Sdgesnd  §42.  All  members  of  the  New  York  Fire  Department, 
and  such  exempt  members  as  are  authorized  by  the  Com- 
missioners of  the  Fire  Department,  shall  hereafter,  when 
on  duty  as  firemen,  or  at  fires,  wear  the  leathern  cap,  as 
heretofore  used,  or  a  badge,  as  hereinafter  provided,  which 
said  badge  shall  be  worn  in  a  plain,  conspicuous  manner 
on  the  breast,  and  shall  be  worn  and  visible  during  the 
whole  time  that  such  member  or  exempt  member  shall  re- 
main at  the  fire;  and  any  fireman  neglecting  or  refusing  to 
wear  his  badge,  as  above  specified,  shall  be  subject  to  a 
suspension  or  expulsion  from  the  department,  and  any  ex- 
empt fireman  so  refusing  or  neglecting,  shall  be  subject  to 
a  fine  of  not  less  than  twenty -five,  or  over  two  hundred 
and  fifty  dollars,  and  imprisonment  not  less  than  ten  days; 
and  all  fines  so  collected  shall  be  paid  over  to  the  Trea- 
surer of  the  Fire  Department  fund. 

Badges.  §  43.  The  badge  mentioned  in  the  preceding  sections 

shall  be  made  of  Princes'  metal,  bearing  the  letters,  "  N.  Y. 
F.  D."  and  each  badge  shall  bear  a  distinct  number,  in 
raised  figures  thereon,  of  white  metal;  the  same  to  repre- 
sent the  number  of  each  company,  and  also  a  register  num- 
ber, in  small  figures,  stamped  thereon;  and  the  badge  to  be 
worn  by  exempt  firemen,  as  provided  for  in  section  42,  of 


OP   THE   FIRE   DEPARTMENT.  217 

this  chapter,  shall  be  composed  of  white  metal,  with  the 
figures  thereon  of  Princes'  metal;  but  in  all  other  respects 
to  conform  to  the  badge  herein  described  for  the  use  of 
the  active  members  of  the  Department;  said  badges  shall 
be  struck  from  dies,  which  shall  be  exclusively  the  proper- 
ty of  the  Corporation  of  the  city  of  New  York,  and  shall 
be  placed  in  the  custody  of  the  Clerk  of  the  Common 
Council;  and  all  of  such  badges  shall  be  numbered,  as  the 
Commissioners  of  the  New  York  Fire  Department  may 
direct. 

§  44.  The  said  badges  shall  be  deposited  with  the  Com-  B*dse*- 
missioners  of  the  New  York  Fire  Department,  who  shall 
have  sole  charge  of  the  distribution  of  the  same;  and  it 
shall  be  the  duty  of  the  said  Commissioners  to  keep  a  regis- 
ter of  the  names  of  all  persons  who  now  are,  or  who  may 
hereafter  become  members  of  the  New  York  Fire  Depart- 
ment, and  of  the  number  of  the  company  to  which  said  per- 
sons are  attached,  and  also  of  the  names  of  such  exempt 
firemen,  as  may  in  writing  be  permitted  by  said  Commis- 
sioners to  wear  the  badges  aforesaid,  and  of  the  number 
of  the  badge  delivered  to  each  of  said  firemen  or  exempt 
firemen. 

§  45.  It  shall  be  the  duty  of  the  Commissioners  of  the  Ibid- 
New  York  Fire  Department  to  deliver  to  each  fireman, 
one  of  the  badges  aforesaid;  and  the  said  Commissioners 
shall  also  deliver  one  of  the  aforesaid  badges  to  each  of 
such  exempt  firemen  as  may,  by  virtue  of  section  16,  of  an 
act  of  the  Legislature  of  the  State  of  New  York,  entitled 
"  An  act  for  the  better  regulation  of  the  firemen  in  the 
city  of  New  York,"  passed  March  29th,  1855,  be  permitted 
by  said  Commissioners  to  wear  the  same. 

§46.  The  badges  herein  named  shall  be  the  exclusive  DM. 
property  of  the  city  of  New  York,  and  when  any  member 
15 


218  OP  THE   FIRE   DEPARTMENT. 

of  the  Fire  Department  shall  resign  or  be  suspended  or 
expelled  therefrom,  it  shall  be  the  duty  of  the  foreman  and 
secretary  of  the  company  to  which  such  member  was  at- 
tached, to  make  a  return  of  such  suspension,  expulsion 
or  resignation  forthwith  to  the  Chief  Engineer,  together 
with  the  badge  formerly  worn  by  such  member,  and  the 
Chief  Engineer  shall  report  weekly  to  the  Commissioners 
aforesaid  the  names  of  such  members  of  the  Fire  Depart- 
ment as  shall  have  resigned  or  been  suspended  or  expelled 
therefrom  since  his  last  report,  and  shall,  with  said  report, 
return  to  the  said  Commissioners  the  badges  worn  by  such 
members. 

§  47.  If  the  foreman  and  secretary  of  any  company,  or 
either  of  them,  shall  fail  to  comply  with  the  provisions  of 
the  preceding  section  in  relation  to  the  return  of  badges, 
no  return  of  members  elected  by  such  company  shall  be  re- 
ceived therefrom,  unless  good  and  satisfactory  cause  shall 
be  shown  to  the  Commissioners  why  said  badges  are  not 
returned;  and  should  any  member  of  the  Fire  Department 
lose  his  badge,  it  shall  be  his  duty  to  report  said  loss  with- 
in two  weeks  to  the  said  Commissioners,  and  it  shall  be 
their  duty  to  inquire  into  the  circumstances  of  the  case, 
and  unless  they  are  satisfied^^at  such  loss  was  without 
fault  on  the  part  of  said  member,  they  shall  have  power  to- 
suspend  or  expel  said  member  from  the  Department,  in 
their  discretion;  but  should  the  loss  be  satisfactorily  ac- 
counted for  to  the  said  Commissioners,  then  they  shall 
grant  a  new  badge  to  said  member,  who  shall  pay  one  dol- 
lar, upon  receiving  the  same,  as  a  penalty  for  said  loss 
(which  money  shall  be  paid  to  the  Treasurer  of  the  Fire 
Department  Fund  by  said  Commissioners,  they  taking  his 
receipt  for  the  same),  and  any  member  of  the  Department 
not  complying  with  the  above  provision  shall  be  expelled. 

IbM-  §  48.  Every  exempt  fireman  receiving  a  badge,  shall  have 


.OP  THE  FIRE   DEPARTMENT.  219 

the  permission  to  wear  the  same  renewed  some  time  during 
the  month  of  May  in  each  year,  otherwise  such  permission 
shall  be  deemed  revoked,  and  the  said  Commissioners  may, 
at  any  time,  revoke  any  permission  so  granted  by  them; 
but  in  case  such  permission  is  not  renewed,  or  is  revoked, 
it  shall  be  the  duty  of  such  exempt  fireman  to  restore  the 
badge  previously  worn  by  him  to  the  said  Commissioners. 

§  49.  Any  member  of  the  New  York  Fire  Department,  Badges. 
or  exempt  fireman,  who  shall  loan  his  badge  to  any  person, 
shall  be  liable  to  the  penalties  as  set  for  th  in  section  42 
of  this  chapter;  and  if  any  badge  shall  become  broken 
or  the  figures  be  displaced  while  in  the  possession  of  such 
member  or  exempt  fireman,  he  shall  return  the  same  forth- 
with to  the  said  Commissioners,  and  in  default  of  the  same, 
said  member  may  be  expelled  or  suspended,  and  such  ex- 
empt fireman  shall  have  the  permission  to  wear  the  same 
revoked. 

§  50.  Any  member  of  the  New  York  Fire  Department,  Penalties, 
or  exempt  fireman,  who  shall  violate  any  of  the  foregoing 
provisions  of  this  chapter  contained  in  sections  42,  43, 
44,  45,  46,  47,  48  and  49,  shall  be  subject  to  a  fine  of  not 
less  than  twenty-five,  or  over  two  hundred  and  fifty  dol- 
lars and  to  imprisonment  for  the  term  of  ten  days,  and  all 
fines  so  collected  shall  be  paid  over  to  the  Treasurer  of 
the  New  York  Fire  Department  Fund. 

§  51.  It  shall  be  the  duty  of  the  police,  when  a  fire  oc-  Relations 

J  at  fl.es. 

curs,  to  form  a  line,  at  least  two  hundred  feet  distant  from 
the  said  fire  on  each  side  thereof;  and  they  shall  not, 
under  any  circumstances,  permit  any  person  to  pass  said 
line,  unless  said  person  shall  wear  the  uniform  or  badge  of 
the  Fire  Department,  the  uniform  of  the  Insurance  Patrol, 
or  be  a  member  of  the  Common  Council,  a  member  of  the 
Police  Department,  an  owner  of  property  within,  or  resi- 
dent in,  the  prescribed  lines. 


220  OF  THE  FmE  DEPARTMENT! 

illation  at      &  52.  It  shall  be  tlie  duty  of  the  police  to  promptly  re- 

fires. 

move,  from  within  the  said  lines,  all  persons  not  designa- 
ted in  the  last  preceding  section;  and  all  persons  refusing 
to  retire,  at  the  request  of  a  policeman,  from  within  the 
said  lines,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
forthwith  arrested. 

Regulations'       &  53.  No  fire  engine,  nor  hook  and  ladder,  nor  hose  cart, 

in  going  to  or         " 


shall,  in  going  to,  or  returning  from  any  fire,  or  at  any  other 
time,  be  run,  driven,  wheeled,  or  placed  upon  any  side- 
walk, except  by  the  special  order  of  one  of  the  engineers, 
under  the  penalty  of  twenty  -five  dollars  for  each  offense, 
io  be  forfeited  and  paid  by  every  person  aiding  or  assist- 
ing in,  or  consenting  to  the  violation  of  any  one  of  the 
provisions  of  this  section,  to  be  recovered  by  the  Attorney 
of  the  Corporation,  for  the  use  of  the  Corporation;  and 
also  under  the  further  penalty  of  the  expulsion  of  the  fore- 
man, assistant  foreman,  and  all  the  members  of  the  com- 
pany. 
Regulation*  §  54.  No  such  fire  engine,  hook  and  ladder,  or  hose  cart, 

•8  to  engines, 

during  any  fire  in  this  city,  or  any  report  of  fire,  or  at  any 
time  under  any  pretense  whatever,  shall  be  taken  or  re- 
moved out  of  its  house,  unless  the  foreman  or  assistant 
foreman,  or  at  least  two  of  the  firemen  of  the  company  to 
which  the  same  shall  belong,  shall  be  present,  and  consent 
thereto,  under  the  penalty  of  ten  dollars  for  every  such 
offense,  to  be  forfeited  and  paid  by,  and  recovered  from 
any  and  every  person  aiding  and  assisting  in,  or  consenting 
to,  the  violation  of  any  of  the  provisions  of  this  section. 

tt>M-  §  55.  It  shall  be  the  duty  of  the  several  engineers,  and 

of  every  foreman  and  assistant  foreman  of  every  fire  com- 
pany, to  report,  all  violations  of  the  last  preceding  section, 
to  the  Treasurer  of  the  Fire  Department. 

§  56.  No  fire  engine  shall  be  let  out  for  hire,  or  lent,  m 


OF   THE   FIRE   DEPARTMENT.  221 

any  case,  without  permission  from  the  Alderman  and 
Councilman  of  the  district  wherein  it  is  wanted  to  be 
used,  and  the  Chief  Engineer;  and  in  default  thereof,  the 
firemen  so  offending  shall  be  removed  from  the  Fire  De- 
partment. 

§  57,  The  Commissioners  of  the  Fire  Department,  under  Taking    «»- 

ffiQGS          &C*» 

the  advice  of  the  Chief  Engineer,  shall  be  authorized  and  from  compa- 

nies. 

empowered  to  take  any  fire  engine,  hook  and  ladder,  or 
hose  truck,  from  the  company,  and  place  the  same  in  the 
public  yard,  or  give  the  same  to  some  other  company. 


§  58.  All  firemen  attached  to  any  fire  engine,  hose,  or 

0  firemen. 

hook  and  ladder  company,  whose  machine  and  implements 
shall  have  been  ordered  to  the  public  yard,  for  want  of  a 
sufficient  complement  of  men  to  manage  the  same,  shall  be  • 
attached  by  the  Commissioners  of  the  Fire  Department  to 
any  other  company  they  may  designate;  and  in  case  of 
their  refusal  to  designate  such  company  to  which  they 
wish  to  be  attached,  they  shall  be  liable  to  expulsion. 

§  59.  Each  company  shall  be  allowed,   for  expense  of  Ga9- 
gas,  the  annual  sum  of  seventy-five  dollars. 

§  60.  It  shall  be  the  duty  of  the  foreman  and  secretary 
of  the  several  fire  companies,  to  make  an  annual  return 
the  members  of  their  respective  companies,  to  the  Chief 
Engineer,  as  heretofore;  such  returns  shall,  however,  be 
made,  under  the  oath  of  the  foreman  and  secretary,  that 
the  persons  therein  named,  as  members  of  their  respective 
companies,  are  actual  and  active  members  thereof;  and  it 
shall  be  the  duty  of  the  Clerk  of  the  Common  Council, 
on  the  said  returns  being  presented  by  the  said  Chief  En- 
gineer, to  correct  the  register  of  the  firemen,  in  his  office, 
in  accordance  with  said  returns. 

§  61.  The  Chief  Engineer  is  directed  not  to  receive  any 


222  OF   THE   FIRE   DEPARTMENT. 

annual  returns  from  companies,  but  such  as  conform  to 
section  first  of  the  ordinance,  passed  June  22,  1842,  rela- 
tive to  the  Fire  Department,  as  follows:  "  The  Fire  De- 
partment of  the  city  of  New  York  shall  consist  of  a  Chief 
Engineer,  Assistant  Engineers,  fire  engine  men,  hose  men, 
hook  and  ladder  and  hydrant  men,  who  shall  be  citizens 
of  the  United  States,  of  the  age  of  twenty-one  years,  and 
upwards." 

?fre0c?ramue  §  ^'  ^  s^a^  ke  tne  ^J  °^ tn6  ^oreman  aml  Secretary 
of  each  and  every  engine,  hose  and  hook  and  ladder  com- 
pany, to  report  to  the  Board  of  Fire  Commissioners,  on 
the  second  Tuesday  in  April  and  October  in  each  year,  a 
list  of  members,  with  the  number  of  fires,  or  alarms  of 
fire,  which  have  occurred  during  the  preceding  six  months, 
in  the  districts  in  which  they  perform  duty,  and  the 
amount  of  duty  performed  by  each  member,  which  report 
must  be  sworn  to  before  the  Board  of  Fire  Commissioners; 
and  the  Foreman  and  Secretary  of  each  and  every  com- 
pany neglecting  to  comply  with  this  ordinance  shall  be 
expelled. 

ARTICLE  IY. 

OP      BELL-RINGERS. 

§  63t  Tlie  Mavor  of  tlie  cit7  of  New  York  Sfla11  appoint 
three  persons,  to  act  as  bell-ringers  at  each  of  the  different 
alarm  districts  in  the  city  of  New  York.  Such  persons 
shall  be  selected  from  among  the  exempt  firemen  of  the 
city,  or  from  such  firemen  as  have  been  disabled  by  inju- 
ries received  in  the  performance  of  their  duty. 

oompensa-  §  64.  The  bell-ringers  so  appointed,  shall  receive,  as  re- 
muneration for  their  services,  the  sum  of  six  hundred  dol- 
lars each,  per  annum,  and  shall  be  subject  to  removal  by 
the  Mayor,  for  misdemeanor  or  negligence  of  duty. 


OP   THE   FIRE   DEPARTMENT.  223 

§  65.  The  Comptroller  is  authorized  and  directed  to 
pay  the  salaries  of  the  bell-ringers  appointed,  in  accord- 
ance with  section  63  of  this  ordinance,  out  of  the  appro- 
priation for  the  Fire  Department. 

§  66.  A  person  shall  be  appointed  to  take  charge  of  the 
Post-office  bell,  according  to  the  rules  and  regulations  of 
fire-alarm  bell-ringers,  and  to  ring  the  same  on  occasions 
of  fires,  and  the  sum  of  one  hundred  dollars  per  annum 
shall  be  allowed  as  compensation. 

§  67.  All  bell-ringers,   and  persons  charged  with  the  Removal   e 
ringing  of  bells,  in  case  of  fire,  shall,  on  neglect  to  comply  for  neglect. 
with  the  requisitions  of  the  ordinances  and  regulations 
for  the  ringing  of  bells,  in  cases  of  fire,  be  removed  from 
office  by  the  person  or  authority  having  power  to  remove 
them,  on  such  person  or  authority  being  credibly  informed 
of  such  neglect;  and  the  person  so  removed  shall  not  be 
reappointed  to  that  or  any  other  office  under  the  Corpora- 
tion, within  one  year  after  such  removal. 

§  68.  Upon  the  happening  of  any  fire,  the  several  alarm-  Ringing  or 
bells  of  the  district,  and  all  other  alarm-bells  shall  be  Fl 
rung,  and  the  ringing  shall  be  continued  until  the  ringing 
of  the  district  bell  wherein  the  fire  shall  occur  shall  be 
stopped. 

§  69.  The  Chief  Engineer  shall  report  to  the  Common  j 
Council,  all  cases  of  neglect  on  the  part  of  bell  ringers  to 
churches,  to  ring  their  bells  in  cases  of  alarms  of  fire. 

§70.  The  stations  for  bell-ringers  shall  be  as  follows:  stations  of 

oull-t'iugcrs. 

the  cupola  of  the  City  Hall;  the  cupola  of  Essex  Market; 
the  cupola  of  Union  Market;  the  bell-tower  in  Twenty- 
second  street;  the  bell-tower  in  Thirty- third  street;  the 
bell -tower  in  Macdougal  street;  the  bell-tower  at  Mount 
Morris;  the  bell- tower  in  Marion  street,  and  Yorkville 
bell-tower. 


224  OF   THE   FIRE   DEPARTMENT. 

ARTICLE  V. 

OF   FIRE   DISTRICTS. 


fire  districts: 


1.  The  first  fire  district  shall  comprise  all  that  part  of 

the  city  lying  north  of  Twenty-second  street,  and 
east  of  the  Sixth  avenue. 

2.  The  second  fire  district  shall  comprise  all  that  part 

of  the  city  lying  north  of  Twenty-second  street, 
and  west  of  Sixth  avenue. 

3.  The  third  fire  district  shall  comprise  all  that  part 

of  the  city  bounded  and  containing  as  follows: 
beginning  at  the  foot  of  North  Moore  street,  on 
the  North  river,  and  extending  easterly,  in  a 
straight  line,  to  the  corner  of  Leonard  and  Church 
streets;  thence  northerly,  in  a  straight  line,  to  the 
corner  of  Eighth  avenue  and  Twenty-second 
street;  thence  westerly,  along  Twenty-second 
street  to  the  North  river;  thence  southerly,  along 
the  North  river  to  the  place  of  beginning. 

4.  The  fourth  fire  district  shall  comprise  all  that  part 

of  the  city  bounded  and  containing  as  follows: 
beginning  at  the  corner  of  Leonard  and  Church. 
streets;  running  thence  northerly,  in  a  straight 
line,  to  the  corner  of  Eighth  avenue  and  Twenty- 
second  street;  thence  easterly,  along  Twenty- 
second  street  to  Lexington  avenue;  thence  south- 
erly, in  a  straight  line,  to  the  corner  of  Elm  and 
Leonard  streets,  and  thence  westerly,  in  a  straight 
line,  to  the  corner  of  Church  and  Leonard  streets. 

5.  The  fifth  fire  district  shall  comprise  all  that  part 

of  the  city  bounded  and  containing  as  follows: 


OP  THE   FIRE   DEPARTMENT.  225 

commencing  at  the  corner  of  Elm  and  Leonard 
streets,  and  running  thence  northerly,  in  a  straight 
line,  to  the  corner  of  Lexington  avenne  and 
Twenty-second  street ;  thence  easterly,  along 
Twenty-second  street,  to  the  East  river;  thence 
southerly,  and  along  the  East  river  to  Fourteenth 
street;  thence  southwesterly,  in  a  straight  lime, 
to  the  corner  of  Leonard  and  Orange  streets; 
thence  westerly,  in  a  straight  line,  to  the  place  of 
beginning. 

6.  The  sixth  fire  district  shall  comprise  all  that  part 

of  the  city  bounded  and  containing  as  follows : 
beginning  at  the  corner  of  Leonard  and  Orange 
streets,  and  running  thence  easterly,  in  a  straight 
line,  to  the  foot  of  Market  street,  on  the  East 
river;  thence  along  the  East  river  to  Fourteenth 
street;  thence  southwesterly,  in  a  straight  line,  to 
the  place  of  beginning. 

7.  The  seventh  fire   district  shall  comprise   all  that 

part  of  the  city  bounded  and  containing  as  fol- 
lows: beginning  at  the  foot  of  Market  street,  on 
the  East  river,  and  running  thence  westerly,  in  a 
straight  line,  to  the  corner  of  Leonard  and  Elm 
streets;  thence  southerly,  along  a  straight  line,  in- 
tersecting Wall  street,  at  the  junction  of  Nassau, 
Wall  and  Broad  streets,  and  continued  through 
the  Battery  to  the  North  river. 

8.  The  eighth  fire  district  shall  comprise  all  that  part 

of  the  city  bounded  and  containing  as  follows: 
beginning  at  the  foot  of  North  Moore  street,  on 
the  North  river,  and  running  thence  easterly,  in 
a  straight  line,  to  the  corner  of  Leonard  and  Elm 
streets;  thence  southerly,  along  a  straight  line, 


226  OP   THE   FIRE  DEPARTMENT. 

intersecting  with  Wall  street,  at  the  junction  of 
Nassau,  Wall  and  Broad  streets,  and  continued 
through  the  Battery  to  the  North  river, 

signals.  §  72.  In  case  of  fire  in  the  first  fire  district,  the  signal 

shall  be  one  stroke  from  the  alarm  bells. 

In  the  Second  District,  two  strokes. 

"  Third  "  three  " 

"  Fourth  "  four  " 

"  Fifth  "  five 

"  Sixth  "  six  " 

"  Seventh  "  seven  " 

"  Eighth  "  eight  <l 

puties  la  MS-     §  73.  All  fire  companies  shall  do  duty  in  any  two  fire 

.districts  the  Chief  Engineer  may  designate,  and  no  com- 

.  pany  shall  be  allowed  to  take  their  apparatus  in  any  other 

district,  except  by  his  permission  or  direction,  or  in  case 

of  a  general  alarm. 

§  74.  No  fire  company  shall  remove  their  apparatus  out 
of  the  district  designated  by  the  Chief  Engineer,  (except 
as  hereinbefore  provided)  in  case  of  fire  or  alarm  of  fire, 
under  penalty  of  being  subject  to  expulsion  or  suspension 
from  the  Fire  Department,  unless  they  shall  be  permitted 
by  the  Chief  Engineer,  who  may,  as  may  also  any  Assistant 
Engineer,  give  the  necessary  signal,  which  is  hereby  de- 
clared to  be  the  constant  ringing  of  the  alarm  bell  in  the 
district  in  which  the  fire  is  raging,  when  the  whole  depart- 
ment shall  proceed  to  the  scene  of  conflagration. 

§  75.  The  signal  for  assistance  shall  be  the  continual 
ringing  of  all  the  district  bells,  except  on  the  Halls  of 
Justice,  which  will  always  ring  the  district  in  which  the 
fire  is  raging. 


OF  THE  FIRE  DEPARTMENT.  227 

ARTICLE  VI. 
SPECIAL  PROVISIONS. 

6  76.  The  Mayor,  Recorder,  Aldermen  and  Councilmen  insignia    of 

*  J  .        City  Officials 

shall  severally  bear,  when  attending  at  fires,  a  wand  with  »tflrw. 
a  gilded  frame  at  the  top. 

§  77.  The  names  and  places  of  abode  of  the  members  of1**  of  offi- 
cers  to   be 

the  Common  Council,  Engineers,  Fire  Wardens  and  Fore-  P^^^' 
men  of  the  respective  companies,  and  Bell-ringers,  shall 
annually  in  the  month  of  June,  be  printed  and  set  up  in 
the  several  station-houses  by  the  City  Inspector;  and 
whenever  any  fire  shall  happen  in  the  night,  the  policemen 
shall  give  notice  to  each  of  the  members  of  the  Common 
Council,  Engineers,  FireWardens,  foremen  and  bell-ringers, 
within  their  respective  precincts;  and  it  is  moreover  re- 
quired of  every  policeman  on  duty,  upon  the  breaking  out 
of  any  fire,  to  alarm  the  citizens  by  crying  fire,  and  men- 
tioning the  street  where  it  may  be,  so  that  the  firemen  and 
citizens  may  thereby  be  directed  where  to  repair;  and  if  JJ"68  of -Po~ 
any  policeman  shall  neglect  so  to  do,  he  shall  forfeit  and 
pay  the  sum  of  one  dollar;  and  if  it  shall  happen  that  a 
chimney  only  shall  be  on  fire,  either  by  day  or  by  night, 
the  fire  bells  and  the  bells  of  the  several  churches  in  the 
city  shall  not  be  rung,  but  only  on  occasions  where  a 
building  shall  be  proclaimed  to  be  on  fire;  and  it  is  en- 
joined on  the  occupants  of  dwellings  to  place  a  lighted 
candle  at  the  windows  of  their  respective  buildings,  when 
fire  may  happen  at  night,  in  order  that  the  citizens  may 
pass  along  the  streets  with  the  greater  safety. 

§  78.  The  salary  of  the  Clerk  to  the  Commissioners 
ie  New  York  Fir 
dollars  per  annum. 


the  New  York  Fire  Department,  shall  be  eight  hundred  m 


228  OF  THE   FIRE   DEPARTMENT. 

Messenger  of     §  79.  The   Commissioners  of  the  New  York  Fire  De- 

Commhision- 

er»<  partment  shall  nominate,  and  the  Common  Council  shall 

appoint  a  suitable  person  to  be  a  Messenger. 

Duties  of          §  80.  The  said  Messenger  shall  have  charge  of  the  meet- 
Messenger.  •* 

ing  room  of  the  said  Commissioners,  and  keep  the  same 
in  order;  he  shall  have  charge  of  the  door  at  all  meetings, 
and  shall  deliver  all  notices  and  documents  as  may  be  re- 
quired by  said  Commissioners,  and  perform  such  other 
duties  as  they  may  deem  necessary.  Said  Messenger  may 
be  removed  at  any  time,  by  a  majority  of  said  Commis- 
sioners, for  non-performance  or  neglect  of  any  of  his  duties.. 

§  81.  The  said  Messenger  shall  receive  an  annual,  salary 
of  six  hundred  dollars. 


THE   PREVENTION   OF   FIRES.  229 

« 

CHAPTER  XI. 

OF   THE    PREVENTION    OF    FIRES. 

§  1.  If  any  chimney,  stove  pipe,  or  flue  within  this  city  JJJ™ne^& 
shall  take  fire,  the  occupant  of  the  house  to  which  such  chim-  flue3> 
ney,  stove  pipe,  or  flue  appertains,  shall  forfeit  and  pay 
five  dollars. 

§  2.  All  carpenters,  or  others,  making  or  using  shavings,  shavings. 
shall,  respectively,  at  the  close  of  each  day,  cause  the  same 
to  be  securely  stowed  in   some  safe   place,   remote  from 
danger  by  means  of  fire,  under  the  penalty  of  five  dollars 
for  each  omission  so  to  do. 

§  3.  No  person  shall  kindle  any  fire,   nor  furnish  the  Kmdimgfires 

in  streets. 

materials  for  any  fire,  nor  in  any  way  authorize  or  allow 
any  fire  to  be  made  in  any  street,  road  or  lane,  or  on  any 
pier  or  bulkhead  in  this  city,  except  for  the  purpose  of 
boiling  tar,  which  fire  shall  not  be  more  than  six  feet  from 
the  bulkhead,  or  the  end  of  the  pier,  under  the  penalty  of 
ten  dollars  for  every  such  offense. 

§  4.  No  person  shall  have,  put,  or  keep,  any  hay  or  straw  my  &  straw, 
uncovered  in  any  stack  or  pile,  or  in  any  other  way  ex-  S 
posed  within   one   hundred  yards  of  any  building  to  the  ru 
southward  of  Fourteenth  street,  or  shall  have  put,  or  keep 
to  the  southward  of  said  line,  any  hay,  straw,  hemp,  flax, 
shavings,  or  rushes,  in  any  building  not  built  of  stone  or 
brick   and  covered  with  tile  or  slate   or  other  fire-proof 
materials,  which  is,  or  shall  be,  within  ten  feet  of  any 
dwelling-house  or  chimney  whatsoever,  under  the  penalty 
of  twenty-five   dollars  for    every  such  offense,    and  the 
further  penalty  of  ten  dollars  for  every  twenty-four  hours 
the  same  shall  so  remain  after  a  printed  or  written  notice 


230  OF  THE  PREVENTION   OP   FIRES. 

has  been  given  to  the  owner  or  person  having  charge 
thereof,  by  any  Fire  Warden,  to  remove  the  same. 

stabios.  §  5.  No   owner  or  occupant  of  any  stable  within  this 

city,  or  any  person  in  the  employment  of  such  owner  or 
occupant,  shall  use  therein  any  lighted  candle  or  lamp, 
except  the  same  shall  be  securely  kept  within  the  lantern, 
under  the  penalty  of  ten  dollars  for  every  such  offense. 

Fines,  to          §  6.   A.11  the  fines,  penalties  and  forfeitures  imposed  on 

whom  appro- 

prottao.  the  members  of  the  Fire  Department,  for  not  attending  to 
fires,  shall,  when  received,  be  paid  to  the  treasurers  of  the 
respective  companies  aforesaid,  in  which  the  delinquencies 
may  happen,  for  the  use  and  benefit  of  said  companies,  and 
all  the  other  fines,  penalties  and  forfeitures  imposed  by  the 
ordinance  relating  to  the  Fire  Department  and  by  this 
chapter ,shall,  when  recovered,  be  paid  to  the  Treasurer  of 
the  "  Fire  Department  of  the  city  of  New  York,"  for  the 
use  and  benefit  of  the  said  Fire  Department.  The  Chief 
Engineer  shall,  annually,  on  the  second  Monday  of  Decem- 
ber in  each  year,  report  to  the  Common  Council  the  amount 
of  the  sums  which  maybe  received  by  the  Fire  Department 
of  the  city  of  New  York,  and  the  application  thereof. 

s- ttsibr  pen-  §  ?•  ^  snaH  ^e  lawful  for  the  Fire  Department  of  the 
city  of  New  York,  and  for  the  respective  companies 
thereof,  or  persons  duly  authorized  by  them  to  receive, 
sue  for,  and  recover,  in  the  name  of  the  Mayor,  Alder- 
men and  Commonalty  of  the  city  of  New  York,  all 
the  fines,  penalties  and  forfeitures  hereby  imposed  and  ap- 
propriated for  the  respective  uses  as  aforesaid. 


STORING  AND  KEEPING  GUNPOWDER  AND  FIREWORKS.  231 


CHAPTER  XII.  > 

OF  THE  STORING  AND   KEEPING  OP  GUNPOWDER  AND 
FIREWORKS. 

§  1.  It  shall  not  be  lawful  for  any  person  or  persons^  Gunpowder. 
except  as  hereinafter  provided,  to  have  or  keep  any  quan- 
tity of  gunpowder  in  any  houce,  store,  building,  or  other 
place  in  the  city  of  New  York,  to  the  northward  of  a  line 
running  through  the  centre  of  Sixty-second  street,  from 
the  North  to  the  East  river. 


§  2.  It  shall  be  lawful  for  the  Mayor  to  grant  licenses  Censes  for 

Magazines. 

for  the  erection  of  magazines  for  the  storage  of  gunpowder 
in  this  city,  to  the  northward  of  Sixty-second  street,  but 
no  more  than  six  such  magazines  shall  at  any  time  be 
licensed  or  permitted.  Such  magazines  shall  be  erected  in 
such  convenient  places  as  may  be  designated  by  the  re- 
spective licenses  therefor,  and  shall  be  placed  remote  from 
any  dwelling,  and  shall  be  built  in  accordance  with  plans 
and  specifications  to  be  approved  by,  and  under  the  direc- 
tion of  the  Superintendent  of  Repairs  and  Supplies,  who  . 
shall  have  authority  to  prescribe  the  materials  of  which 
such  magazines  shall  be  composed,  and  the  manner  in 
which  the  same  shall  be  constructed.  Such  magazines, 
shall,  at  all  times,  be  subject  to  the  authority  and  direc- 
tion of  the  Common  Council,  who  may  make  all  such 
rules  and  regulations  in  respect  thereto  as  they  may  deem 
the  public  interests  require,  and  they  may,  at  any  time,  re- 
voke any  such  license,  or  cause  such  magazines,  or  any  of 
them,  to  be  removed  from  place  to  place. 

§  3.  Nothing  in  this  ordinance  contained  shall  apply  to  Arsenal. 
the  storing  and  keeping  of  gunpowder  in  the  State  Arsenal 
in  Fifth  avenue,  above  Sixty-fourth  street. 


232  STORING  AND  KEEPING  GUNPOWDER   AND  FIREWORKS. 

Penalties.  §  4.  Every  person  storing  any  gunpowder  in  the  portion 
of  the  city  of  New  York,  in  the  first  section  of  this  chap- 
ter specified,  (except  in  such  licensed  magazines,)  without 
the  license  provided  by  the  second  section  of  this  chapter, 
and  any  person  who  shall  or  may,  in  pursuance  of  any  li- 
cense granted  under  the  said  last  mentioned  section,  store 
or  keep  any  gunpowder  in  any  such  magazine  or  place,  and 
shall  not  in  all  respects  fully  comply  with  the  lawful  di- 
rections of  the  Superintendent  of  Repairs  and  Supplies, 
or  of  the  Common  Council,  as  provided  by  this  chapter, 
shall  forfeit  and  pay  the  sum  of  one  hundred  dollars  for 
each  day  during  which  any  such  gunpowder  shall  be  so  stored 
or  kept,  contrary  to  the  provisions  of  this  chapter  ;  and 
when  any  person  or  persons  shall  have  obtained  any  such 
license  as  is  provided  for  in  the  said  second  section  of  this 
chapter,  and  shall,  in  any  respect,  fail  to  comply  with  the 
said  directions  of  the  said  Superintendent  of  Repairs  and 
Supplies,  or  the  said  Common  Council,  such  person  shall, 
from  the  time  of  any  such  failure  to  comply  therewith,  be 
deemed  to  have  violated  the  provisions  of  this  chapter, 
and  shall  be  subject  to  its  penalty,  in  the  same  manner  as 
if  no  such  license  had  been  granted. 

Fireworks.  §  5.  No  person  or  persons  shall  store  any  fireworks,  of 
any  kind  or  description,  other  than  Chinese  fire-crackers, 
within  the  fire  limits  of  the  city  of  New  York,  except  as 
is  hereinafter  provided. 

ibid.  §  6.  Fireworks,  excepting  colored  pot  and  lance  wheels, 

and  other  works  of  brilliant  colored  fires,  not  exceeding 
in  value  one  thousand  dollars,  may  be  kept  for  retailing 
within  the  fire  limits,  from  the  tenth  day  of  June  to  the 
tenth  day  of  July  of  each  year,  and  no  longer,  on  a  written 
permission;  such  permission  to  be  granted  by  the  Chief 
Engineer  of  the  Fire  Department. 


STORING  AND  KEEPING  GUNPOWDER  AND  FIREWORKS.  233 

§  7.  If  any  fireworks  are  kept  in  violation  of  the  pro- seizure, 
visions  of  this  chapter,  the  same  may  be  seized  or  taken 
by  any  police  officer  of  the  said  city,  upon  the  order  of  the 
Mayor,  of  a  captain  of  police,  or  any  one  of  the  fire  war- 
dens; and  the  same  shall  be  kept  by  such  Mayor,  captain 
or  fire  warden,  upon  whose  order  the  same  were  taken,  at 
some  suitable  place,  beyond  the  fire  limits,  and  sold  at 
public  auction,  within  one  week  after  such  taking;  three 
days'  notice  of  the  time  and  place  of  such  sale  shall  be 
given  to  the  person  or  persons  from  whose  possession  the 
same  were  taken,  and  the  proceeds,  after  deducting  ex- 
penses of  conveyance,  storage  and  sale,  shall,  within  one 
one  week  after  the  sale,  be  paid  over  by  the  person  order- 
ing the  seizure,  to  the  Treasurer  of  the  Fire  Department 
Fund,  for  the  use  and  benefit  of  the  said  fund. 


16 


234  FIRING   OF   FIRE-ARMS,  CANNONS   AND   FIREWORKS. 

CHAPTER  XIII. 

OF  THE  FIRING  OF  FIRE-ARMS,  CANNONS  AND  FIREWORKS. 

Battery? '  §  1-  Every  cannon  or  piece  of  artillery  that  shall  here- 
after be  discharged  or  fired  off  upon  the  Battery,  shall  be 
placed  at  the  easterly  end  thereof,  as  near  to  the  flagstaff 
as  practicable,  and  in  the  immediate  rear  of  the  paved 
walk  fronting  the  water,  and  shall  be  ranged  and  pointed 
in  the  direction  and  toward  Governor's  Island. 

§  2.  No  cannon  or  piece  of  artillery  shall  be  discharged 
or  fired  off  upon  the  Battery,  except  at  the  place,  and 
ranging  in  the  manner  provided  in  the  first  section  of 
this  chapter. 

ueriGarradenas'  §  3*  ^°  cannon  or  piece  of  artillery  shall  be  discharged 
or  fired  off  upon  the  premises  of  Castle  Clinton  or  Garden, 
except  on  the  westerly  side  thereof ;  and  the  same  shall 
only  be  discharged  or  fired  off  in  the  direction  and  toward 
the  westerly  shore  of  the  Hudson  river. 

parkf.m  §  4.  No  cannon  or  piece  of  artillery  shall  be  discharged 
or  fired  off  in  the  Park  (except  on  the  Fourth  day  of  July, 
and  then  only  cannon  not  over  six  pounds  calibre)  Wash- 
ington square,  or  Union  square,  nor  in  any  street,  lane, 
avenue,  or  public  place  in  the  city  of  New  York,  south  of 
Twenty-third  street,  except  as  is  provided  in  the  foregoing 
sections  of  this  chapter. 

§  5.  Any  person  or  persons,  commander  or  other  officer, 
or  private  of  any  artillery  or  other  military  company, 
troop  of  horse,  corps,  regiment,  battalion,  brigade  or 
division,  who  shall  violate  any  or  either  of  the  provisions 
of  this  chapter  of  these  ordinances,  or  shall  cause  or  permit 
the  same  to  be  done,  shall  severally  forfeit  and  pay  the 


FIRING  OF  FIRE-ARMS,  CANNONS  AND   FIREWORKS.  235 

sum  of  fifty  dollars  for  each  discharge  or  firing  off  of  any 
piece  of  artillery,  to  be  paid  into  the  city  treasury  for  the 
use  of  the  city. 

•  §  6.  No  tavern-keeper,  keeper  of  a  public  house,  garden 
or  place  of  resort,  nor  any  other  person,  shall  suffer  or 
permit  any  person  to  practice  with  or  fire  off  any  pistol, 
gun,  fowling-piece  or  other  fire-arms,  in  or  upon  his  or  her 
premises,  nor  shall  suffer  or  permit  any  pistol  gallery, 
erected  in  his  or  her  house,  or  upon  his  or  her  premises, 
to  be  used  for  the  purpose  of  practicing  with  any  pistol 
gun,  fowling-piece  or  other  fire-arms,  upon  the  first  day  of 
the  week,  called  Sunday,  under  the  penalty  of  fifty  dollars 
for  each  offense,  to  be  sued  for  and  recovered  from  the 
person  keeping  such  public  house,  tavern,  public  garden, 
pistol  gallery,  place  of  resort  or  premises;  and  also  the 
further  penalty  of  fifty  dollars  for  each  offense,  to  be  sued 
for  and  recovered  from  the  person  firing  off  or  practicing 
with  a  pistol,  gun,  fowling-piece  or  other  fire-arms;  and  in 
case  such  person  so  offending  shall  be  an  apprentice,  such 
penalty  shall  be  sued  for  and  recovered  from  the  master 
of  such  apprentice,  or  in  case  such  person  so  offending 
shall  be  a  minor  and  not  an  apprentice,  the  same  shall  be 
sued  for  and  recovered  from  the  father  of,  or  in  case  of  the 
death  of  the  father,  then  from  the  mother  or  guardian  of 
such  minor. 

§  7.  No  person  shall  fire,  discharge  or  set  off  in  the  city  Firing  Fire- 
of  New  York,  any  rocket,  cracker,  torpedo,  squib,  balloon, 
or  other  fireworks,  or  thing  containing  any  substance  in  a 
state  of  combustion,  under  the  penalty  of  five  dollars  for 
each  offense. 

§  8.  No  person  shall  sell,  or  expose  for  sale,  nor  fire,  selling   and 
discharge  or  set  off,  in  the  city  of  New  York,   any  fire- 


236  FIRING  OF  FIRE-ARMS,  CANNONS  AND  FIREWORKS. 

works  called  or  known  by  the  name  of  "  snakes,"  or 
"  chasers,"  or  any  fireworks  called  or  known  by  the  name 
of  "  double-headers/7  nor  any  fireworks  under  any  other 
name,  composed  of  the  same  material  and  of  the  same 
character  of  those  fireworks  specified  in  this  section,  under 
the  penalty  of  fifty  dollars  for  each  offense,  to  be  sued  for 
and  recovered  of  the  person  selling  or  exposing  the  same 
for  sale,  firing  off  or  discharging  the  same.  And  in  case 
such  person  shall  be  an  apprentice,  such  penalty  shall  be 
sued  for,  and  recovered  of  and  from  the  master  of  such 
apprentice.  In  case  such  person  shall  be  a  minor,  and  not 
an  apprentice,  the  same  shall  be  sued  for,  and  recovered 
of,  and  from  the  father,  or  in  case  of  the  death  of  the 
father,  then  of  and  from  the  mother  or  guardian  of  such 
minor. 


Firing  arms       §  9.  No  person  shall  fire  or  discharge  any  gun,  pistol, 

<%.m         fowling-piece  or  other  fire-arms  in  the  city  of  New  York,. 

under  the  penalty  of  ten  dollars  for  each  offense. 


OF  PAVING,   REPAYING    AND   REPAIRING  STREETS.  237 


CHAPTER  XIY. 

OF  PAVING,    REPAYING  AND  REPAIRING  THE   CARRIAGE-WAYS 
OF    STEEETS   AND   AVENUES. 

§  1.  All  streets  in  the  city  of  New  York  of  twenty- two  Paving 

street* 

feet  in  width  and  upwards,  shall  be  laid  or  paved  in  the 
middle,  which  part  shall  remain  as  a  cart-way,  and  shall 
have  a  gutter  or  kennel  on  each  side  next  adjoining  the 
foot-path,  and  shall  be  paved  with  sufficient  paving  stone 
and  arched  in  such  a  manner  as  the  Croton  Aqueduct 
Board  shall  direct. 

§  2.  Whenever  the  carriage-way  of  any  of  the  streets  Expense  or 
in  the  city  of  New  York,  or  part  of  the  same,  not  less  l^>  how 
than  the  space  or  distance  between,  and  including  the  in- 
tersection of  two  streets,  shall  be  repaired  or  newly  paved 
and  the  crosswalks  laid,  and  the  sidewalks  extended  to 
the  width  required  by  law,  at  the  expense  of  the  individual 
owners  of  the  lots  in  the  same,  and  the  work  approved 
by  the  chiefs  of  bureau  having  special  cognizance  thereof 
such  streets,  or  parts  of  streets,  shall  forever  thereafter 
be  paved,  repaired  and  repaved  at  the  expense  of  the 
Corporation  ;  but  this  section  shall  not  be  construed  to 
apply  to  sidewalks,  but  to  the  pavement  or  carriage-way 
of  streets  only  ;  and  nothing  in  this  section  contained  shall 
be  construed  to  apply  to  any  wooden  pavement  in  said 
city. 

§  3.  Any  citizen,  or  number  of  citizens,  shall  be  allowed  citizens  may 

pave  streets. 

to  pave  the  street  opposite  to  his  or  their  property,  where 
the  same  shall  extend  from  the  intersection  of  one  cross 
street  to  the  intersection  of  another,  provided  the  same 
be  done  in  conformity  to  the  regulations  of  the  Common 
Council. 


238  PAVING,  REPAYING  AND   REPAIRING  STREETS. 

Regulations       §  4.  All  pavements  hereafter  to  be  laid  in  any  of  the 

as  to  paving .  m 

streets  or  lanes  of  this  city,  by  the  Water  Purveyor  or 
contractors  for  the  construction  of  sewers,  or  for  the  laying 
of  water,  gas  or  other  pipes,  shall,  after  the  pavement  is 
laid  or  driven  down,  have  covered  over  them  one  inch  in 
thickness  of  pure  sand,  and  no  more. 

§  5.  Any  and  all  persons  other  than  the  Water  Pur- 
'  veyor,  who  may  hereafter  pave,  or  cause  to  be  paved,  any 
street,  lane  or  other  thoroughfare,  or  portion  thereof,  in 
this  city,  shall  have  the  sand,  dirt  and  rubbish  cleaned  off 
said  street,  lane  or  thoroughfare,  or  any  part  thereof' 
within  twelve  days  after  any  such  pavement  shall  be  com- 
pleted, except  such  pavement  as  shall  be  laid  over  pipes' 
which  shall  be  cleared  off  within  six  days  after  the  same 
shall  be  laid  ;  this  section  shall  be  so  construed  as  to 
apply  to  the  removal  of  all  sand,  dirt  or  rubbish  collected 
in  any  part  of  any  and  all  streets,  lanes  and  thoroughfares 
covered  by  any  pavement  so  done  or  laid,  or  excavation 
that  may  have  been  made,  or  other  work  done  in  pursuance 
thereof ;  and  no  contract  for  paving,  in  pursuance  of  this 
section,  shall  be  accepted  as  completed,  unless  the  Water 
Purveyor  shall  certify  that  this  section  has  been  fully  com- 
plied with. 

iwd.  §  6.  Any  person  or  persons,  excepting  the  Water  Pur. 

veyor,  neglecting  or  refusing  to  remove  the  dirt,  sand  or 
rubbish,  mentioned  in  section  five  of  this  chapter,  within 
the  time  specified  therein,  shall  forfeit  and  pay  the  sum  of 
twenty-five  dollars  for  each  offense  ;  and  in  addition  there, 
to,  the  Water  Purveyor  shall  cause  the  same  to  be  removed 
at  the  expense  of  the  party  so  neglecting  or  refusing,  who 
shall  be  liable  to  repay  and  refund  the  same,  and  which 
shall  be  collected  and  paid  into  the  city  treasury. 

frPominclrdtsrt  §^*  ^n^  contractors,  or  other  person  or  persons,  caus- 
ing  any  cart  to  be  loaded  and  heaped  up  with  manure^ 


OP  PAYIMG,  REPAYING  AND   REPAIRING   SHEETS.  239 

sand,  earth,  mud,  clay  or  rubbish,  so  that  the  contents,  or 
any  part  thereof,  shall  be  scattered  in  any  street,  avenue, 
lane,  pier  or  bulkhead  in  this  city,  shall  forfeit  and  pay 
the  sum  of  five  dollars  for  each  offense. 

§  8.  It  shall  not  be  lawful  for  either  of  the  gas  compa-  Breaking 
nies  of  this  city,  to  break  up  any  of  the  pavements  of  this  EJ  GMCOM- 
city,  without  the  permission  of  the  Croton  Aqueduct  Board, 
and  such  consent  shall  not  be  given  until  the  party  apply- 
ing therefor  shall  enter  into  a  stipulation,  satisfactory  to 
the  said  Board,  to  repair  and  replace  the  said  pavement  to 
the  satisfaction  of  the  said  Board  at  his  and  their  own  ex- 
pense, by  a  day  to  be  named  in  such  permit;  and  if  any 
person  or  persons  shall  neglect  and  refuse  to  repair  and 
replace  the  same,  in  accordance  with  such  stipulation  and 
permit,  they  shall  forfeit  and  pay  for  each  offense  the  sum 
of  fifty  dollars;  and  in  addition  thereto,  shall  be  liable  to 
pay  the  expense  of  repairing  and  replacing  such  pavement, 
and  which  shall  be  done  by  and  under  the  direction  of  the 
Water  Purveyor. 

§  9.  It  shall  be  lawful  for  the  persons  employed  to  pave  obstructions 
or  repave  any  street  in  the  city  of  New  York,  to  place  streets. 
proper  obstructions  across  such  street  or  cart  way,  for  the 
purpose  of  preserving  the  pavement  then  newly  made,  or 
to  be  made,  until  the  same  shall  be  fit  for  use;  leaving  at 
all  times  a  sufficient  passage  for  foot  passengers,  and  giv- 
ing at  least  three  days'  notice  of  such  obstruction,  by  writ- 
ten or  printed  notices,  put  up  in  at  least  three  of  the  most 
conspicuous  places  in  the  street. 

§  10.  No  person  or  persons  shall,  without  the  consent  of Ibid- 
the  Water  Purveyor,  in  writing,  or  without  the  consent  of 
the  person  superintending  said  paving,  throw  down,  dis- 
place or  remove  any  such  obstruction  mentioned  in  the  last 
preceding  section  of  this  chapter,  under  the  penalty  of  fifteen 
dollars  for  every  such  offense. 


240  OF  PAVING,  REPAYING  AND  REPAIRING  STREETS. 

§  1 1 .  Nothing  contained  in  this  chapter  shall  be  construed 
to  authorize  any  person  or  persons  to  stop  up  or  obstruct 
more  than  the  space  of  one  block  and  one  intersection  at 
the  same  time,  in  any  one  street,  or  to  keep  the  same  so 
stopped  up  for  more  than  two  days  after  the  cart-way  is 
finished. 

§  12.  Whenever  any  person  or  persons  shall  have  au- 
thority, under  any  contract  with  the  Corporation,  or  any 
officer  thereof,  or  under  any  permit  authorizing  the  same, 
to  remove  the  pavement  from,  or  to  excavate,  or  to  occupy 
or  use  any  part  of  the  public  streets  and  avenues  in  the 
city,  so  as  to  obstruct  the  travel  in  any  streets  or  avenues, 
and  to  prevent  the  same  from  being  used  for  the  time 
being  for  the  purposes  of  travel,  such  person  or  persons 
shall  erect  or  cause  to  be  erected,  in  conspicuous  positions, 
at  the  several  points  of  intersection  of  such  street  or  ave- 
nue so  obstructed,  with  the  cross  streets  nearest  to  such 
obstruction,  a  suitable  notice  of  such  obstruction;  which 
notice  shall  be  in  such  manner  and  form  as  the  Croton 
Aqueduct  Board  may  at  any  time  direct. 

penalty.  §  13.  Every  person  who  shall  violate  this  provision  shall 

be  subject  to  a  penalty  of  ten  dollars,  to  be  sued  for  and 
recovered  in  any  court  of  competent  jurisdiction. 

Record  of  §14.  The  Croton  Aqueduct  Board  shall  keep  a  book, 
containing  an  account  of  all  streets,  and  parts  of  streets 
to  be  paved,  repaired  and  repaved,  at  the  expense  of  the 
Corporation. 


SIDEWALKS  AND  CURB  AND  GUTTER  STONES.  241 


CHAPTER   XY. 

OP  FLAGGING  AND    LAYING  AND   REPAIRING  SIDEWALKS,  AND 
CURB  AND  GUTTER  STONES. 

§  1 .  All  streets  in  the  city  of  New  York,  of  twenty- two  side  walks, 

J  with  what  to 

feet  in  width  and  upward,  shall  have  sidewalks  on  each  be  flagsed- 
side  thereof,  laid  with  brown,  or  gray,  or  oblong  flat  stones. 

§  2.  In  all  streets  in  the  city  of  New  York,  of  the  width  ™^ofslde 
of  forty  feet  and  upward,  which  are  paved,  or  shall  here- 
after be  paved  or  repaved,  the  sidewalks  or  footwalks  be- 
tween the  lines  of  the  streets  and  kennels  shall  be  of  the 
following  width,  that  is  to  say: 

1.  In  all  streets  forty  feet  wide,  ten  feet. 

2.  In  all  streets  fifty  feet  wide,  thirteen  feet. 

3.  In  all  streets  sixty  feet  wide,  fifteen  feet. 

4.  In  all  streets  seventy  feet  wide,  eighteen  feet. 

5.  In  all  streets  eighty  feet  wide,  nineteen  feet. 

6.  In  all  streets  above  eighty  feet,  and  not  exceeding 

one  hundred  feet,  twenty  feet. 

7.  In  all  streets  of  more  than  one  hundred  feet,  twen- 

two  feet,  and  no  more. 

§  3.  In  all  streets  less  than  forty  feet  in  width,  such  ibid. 
proportion  thereof  as  may  be  directed  by  the  Street  Com- 
missioner, shall  be  used  and  flagged  for  sidewalks  and  foot- 
paths. 

§  4.  All  sidewalks  in  the   city  of  New  York  shall  be  Height  of 
raised  from  the  curb  stone  in  the  proportion  of  two  inches 
on  ten  feet,  under  the  penalty  of  ten  dollars,  to  be  sued     • 
for  and  recovered  from  the  persons  laying  and  fixing  the 
same,  and  the  owner  or  owners  of  the  lot  fronting  on  the 
sidewalk,  severally  and  respectively. 

§  5.  No  person  shall  extend  the  sidewalk  before  his  lot  Extent  of 
beyond  that  of  his  neighbor,  in  any  street  where  the  same  flags'D8' 
is  not  yet  extended  to  the  width  allowed  by  law,  under 


242  SIDEWALKS  AND  CURB  AND  GUTTER  STONES. 

the  penalty  of  ten  dollars  for  each  offense,  to  be  sued  for 
and  recovered  from  the  person  or  persons  so  violating,  and 
the  owner  or  owners  of  the  lots  fronting  on  such  sidewalk, 
severally  and  respectively. 

fi?e?n°f  §^'  ^^e  ^as^  Preceding  section  of  this  chapter  shall  not 
be  construed  to  prevent  the  extending  of  any  such  side- 
walks, when  a  majority  of  the  owners  of  property  on  the 
same  side  of  the  street,  and  between  the  two  nearest  cor- 
ners, by  and  with  the  permission  of  the  Street  Commis- 
sioner, agree  to  and  do  extend  the  sidewalks  in  front  of 
their  respective  lots  of  ground  in  like  manner. 

JfcjjJJ™1  of  §  7 .  No  sidewalk,  or  any  part  of  a  sidewalk,  laid  with 
brick  or  flagging,  in  any  part  of  the  city  of  New  York, 
shall  hereafter  be  taken  up,  or  the  brick  or  flagging  re- 
moved therefrom,  for  any  purpose  whatever,  without  the 
written  permission  of  the  Street  Commissioner,  under  the 
penalty  of  twenty-five  dollars  for  every  such  offense. 

andsipddvaates  §  8'  ^  private  cart-ways  crossing  any  of  the  sidewalks 
J'/fl^g^  >0  of  the  city  of  New  York,  and  all  sidewalks  whatever,  to 
the  south  of  Delancey  and  Spring  streets,  including  said 
streets,  shall  be  paved  with  brown  or  gray  square,  oblong 
or  flat  stones,  hewn  and  laid  closely  together;  and  not 
with  brick  or  with  round  or  paving  stones,  under  the 
penalty  of  ten  dollars  upon  the  owner  and  occupant  of  the 
lot  in  front  of  which  such  cart-way  or  sidewalk  shall  be, 
severally  and  respectively. 

ibid.  §  9.  In  case  any  part  of  such  private  cart-way,  or  any 

part  of  such  sidewalk  shall  not  be  paved,  repaved  or  re- 
paired according  to  the  provisions  of  the  last  section,  it 
shall  be  lawful  for  the  said  Street  Commissioner,  or  Su- 
perintendent of  Street  Improvements,  to  order,  in  writing, 
the  same  to  be  done,  within  a  time  mentioned  in  such 
order;  at  the  expiration  of  which  time  the  same  may  be 


SIDEWALKS  AND  CUBE  AND  GUTTER  STONES,  243 

done  under  the  direction  of  the  said  Commissioner  or  Super- 
intendent, and  the  expense  thereof  collected  of  the  owner  or 
owners,  occupant  or  occupants  of  the  lot  fronting  thereon. 

§10.  All  curb  stones  which  shall  hereafter  be  laid  for  curb-stones, 
the  purpose  of  supporting  the  sidewalks,  shall  not  be  less 
than  three  feet  in  length,  five  inches  thick,  and  twenty 
inches  wide  throughout,  and  shall  be  of  the  best  hard  blue, 
or  gray  granite,  and  cut,  prepared  and  laid  in  the  follow- 
ing manner,  that  is  to  say:  ten  inches  of  the  stone  shall  be 
laid  below  the  kennel,  and  ten  inches  above  it,  except 
where  the  length  of  curb  stone  to  be  laid  or  relaid  shall  be 
less  than  the  space  between  the  streets  crossing  that  in 
which  it  is  to  be  laid;  in  which  case  if  the  curb  stone  in 
front  of  the  lots  adjoining  shall  be  put  eight  inches  above 
the  gutter  stone,  the  curb  to  be  laid  or  raised  as  aforesaid 
shall  not  be  placed   more  than   eight  inches   above  the 
gutter  stone,  unless  the  person  or  persons  laying  or  relay- 
ing the  same,  shall,  by  permission  of  the  owner  or  owners 
of  the  lots  adjoining,  at  his,  her  or  their  own  expense,  raise 
the  adjoining  sidewalk  or  sidewalks,  and  repave  the  same 
in  a  proper  manner,  for  a  space  of  at  least  five  feet  in 
width,   so  as  to  prevent    any  abrupt  irregularity   in  the 
pavement  of  the  sidewalk;  the  top  of  the  stone  shall  be 
cut  to  a  bevel  of  one  inch,  the  front  be  cut  smooth,  and  to 
a  fair  line  to  the  depth  of  fourteen  inches;  the  ends  from 
top  to  bottom  to  be  truly  squared,  so  as  to  form  close  and 
even  joints;  and  the  front  so  laid  as  to  present  a  fair  and 
unbroken  line,  under  the  penalty  of  ten  dollars  for  each 
or  any  violation  of  either  of  the  provisions  of  this  section, 
to  be  sued  for  and  recovered  from  the  persons  laying  and 
fixing  the  same,  and  the  owner  or  owners  of  the  lot  front- 
ing on  the  sidewalk  so  fixed,  severally  and  respectively. 
All  gutter  stones  which  shall  hereafter  be  laid  in  this  city, 
shall  be  of  the  best  hard  freestone  or  granite,  at  least  thir- 


244 


SIDEWALKS  AND  CURB  AND  CUTTER  STONES. 


Ranging  of 
side-walks. 


ty  inches  in  length,  fourteen  inches  in  width  and  six  inches 
thick;  and  shall  be  cut  to  a  fair  and  level  surface  without 
windings,  with  true  and  parallel  sides,  and  the  ends  squared 
so  as  to  form  tight  and  close  joints,  under  the  penalty  of 
ten  dollars,  to  be  sued  for  and  recovered  from  the  person 
or  persons  laying  the  same,  and  the  owner  or  owners  of 
the  lot  fronting  on  the  sidewalk  or  street,  severally  and 
respectively. 

§  11.  If  any  street,  when  paved,  shall  not  exactly  range, 
the  gutter  or  outside  of  the  foot-path  or  sidewalk,  shall  be 
laid  out  and  made  as  nearly  in  a  straight  line  as  the  street 
will  permit;  and  the  ascent  and  descent  of  the  same  shall 
be  regulated  by  the  Superintendent  of  Street  Improve- 
ments, and  a  profile  thereof,  with  the  regulations  distinctly 
marked  thereon,  shall  be  deposited  and  kept  in  the  office 
of  the  Street  Commissioner. 

§  12.  When  any  carriage-way  shall  have  been  paved, 
and  a  majority  of  the  owners  of  lots  on  the  same  block 
shall  have  regulated  and  paved  their  sidewalks,  the  Street 
Commissioner  shall  give  notice  to  the  owner  or  owners,  or 
occupant  or  occupants,  of  any  lots  in  front  of  which  the 
sidewalks  shall  not  be  paved,  to  regulate  and  pave  the 
same,  within  a  certain  time,  to  be  designated  in  such  notice. 

§  13.  In  case  of  any  neglect  or  refusal  to  comply  with 
the  requisitions  contained  in  the  notice  mentioned  in  the 
last  preceding  section,  the  owner  or  owners,  occupant  or 
occupants,  shall  forfeit  the  penalty  of  twenty-five  dollars 
for  each  neglect  or  refusal,  severally  and  respectively. 

who  to  nag      §  14.  The  owner  or  owners,  lessee  or  lessees,  occupant 

and  repair  ,  .  -.          ,      .  -,  n .  ,    -,     , 

sidewalks,  or  occupants  of  any  house  or  other  building  or  vacant  lot 
fronting  on  any  street  or  avenue,  shall,  at  his,  her,  or 
their  charge  and  expense,  well  and  sufficiently  pave,  ac- 
cording to  the  ordinances?  and  keep  and  maintain  in  good 


Side-walks, 
when  to  be 
flagged. 


Ibid. 


SIDEWALKS   AND    CURB   AND   GUTTER   STONES.  245 

repair,  the  sidewalks  and  curb  and  gutter  of  such  street 
or  avenue,  in  front  of  any  sucli  house  or  other  building, 
or  vacant  lot. 

§15.  Upon  complaint  being  made  to  the  Street  Com-  ^°r*°. Jag 
missioner,  to  his  satisfaction,  that  any  sidewalk  and  curb  Sidewalks- 
and  gutter,  or  either,  are  not  paved  or  repaired  according 
to  the  ordinances,  it  shall  be  lawful  for  the  said  Commis- 
sioners to  cause  a  notice  to  be  served  upon  the  owner  or 
owners,  lessee  or  lessees,  occupant  or  occupants,  of  any  / 

such  house  or  other  building,  or  vacant  lot  of  ground  front- 
ing on  any  street  or  avenue,  to  repair  or  relay,  as  the  case 
may  require,  the  sidewalk  and  curb  and  gutter,  or  either, 
in  front  of  the  same,  within  ten  days  after  the  service  of 
such  notice. 

§  16.  In  default  of  such  owner  or  owners,  lessee  or  les-  ftid. 
sees,  occupant  or  occupants,  repairing  or  relaying,  as  the 
case  may  require,  such  sidewalks  and  curb  and  gutter,  or 
either,  within  the  time  required  by  said  notice,  and  com- 
plying with  the  said  notice,  it  shall  be  lawful  for  the 
Street  Commissioner  to  order  the  same  to  be  done,  and  in 
case  the  expense  thereof  shall  not  exceed  the  sum  of  two 
hundred  and  fifty  dollars,  to  appoint  such  person  or  per- 
sons to  do  the  same  as  he  shall  deem  proper;  and  in  case 
such  expense  shall  exceed  the  aforesaid  sum  of  two  hun- 
dred and  fifty  dollars,  the  same  shall  be  done  by  contract, 
according  to  the  ordinances. 

§  17.  The  expense  of  such  work,  together  with  the  ex-  n>s<i. 
pense  of  surveying  the  same,  and  certifying  to  the  work 
done  and  materials  furnished  by  one  of  the  city  surveyors, 
shall  be  paid  out  of  the  appropriation  for  sidewalks. 

§  18.  It  shall  be  the  duty  of  the  Street   Commissioner,  ibid, 
immediately  upon  the  completion  of  such  work,  and  the 


246  SIDEWALKS  AND   CURB  AND   GUTTER  STONES. 

payment  thereof,  to  report  the  same  to  the  Corporation 
Attorney,  who  shall  recover  the  amount  to  be  paid,  with 
ten  dollars  as  penalty,  from  the  owner  or  owners,  lessee 
or  lessees,  occupant  or  occupants,  of  any  such  house  or 
other  building,  in  front  of  which  the  expense  was  incurred, 
in  any  court  having  jurisdiction  thereof,  in  the  name  of 
the  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New 
York. 


e  tne  duty  °f  the  Corporation  Attorney, 
in  returning  to  the  Comptroller  an  account  of  moneys  re- 
covered in  such  suits,  to  specify  that  the  same  were  recov- 
ered "  for  penalties  on  sidewalks,"  and  it  shall  be  the  duty 
of  the  Comptroller  to  credit  the  amount  thus  paid  to  the 
fund  appropriated  as  aforesaid. 


<OF   SEWERS   AND   DRAINS.  24:7 


CHAPTER  XVI. 


'OF    SEWERS    AND    DRAINS. 

§  1.  All  sewers  or  drains  in  any  of  the  streets,  avenues,  General  cog- 

nizance over 


.and  public  places  in  the  city  of  New  York,  shall  be  in  gj«£  and 
•charge  of  the  Croton  Aqueduct  Board,  whose  duty  it  shall 
-be  to  keep  the  same  in  good  order  and  condition,  to  cause 
•such  repairs  to  be  made  to  them,  and  to  the  receiving  ba- 
sins, culverts,  openings,  or  any  part  connected  therewith, 
as  may.  from  time  to  time,  become  necessary,  and  to  cause 
the  same  to  be  well  and  sufficiently  cleansed,  and  kept  free 
from  obstructions. 


§  2.  The  manner  of  piercing  or  opening  into  any  of  said 
sewers  or  drains  shall  be  prescribed  by  said  Board,  which  ers  or  Drains 
shall  also  determine  the  form,  size  and  material  of  which 
all  connections  made  therewith  shall  be  composed,  and  shall 
have  authority  to  grant  permission  to  make  lateral  con- 
nections with  said  sewers. 

§  3.  The  Croton  Aqueduct  Board  shall  have  authority  J 
to  grant  permission  to  persons  to  construct  at  their  own 
expense,  sewers  or  drains,  or  to  lay  pipes,  to  connect  with 
any  sewers  or  drains  built  in  any  of  the  streets  or  avenues 
of  the  city,  which  they  may  deem  proper  and  judicious,  on 
being  furnished  by  the  applicants  with  the  written  consent 
of  a  majority  of  the  owners  of  property  of  the  street  or 
avenue  in  front  of  which  said  sewer,  drain  or  pipe  is  to 
pass:  such  permission  to  be  conditioned,  that  the  persons 
applying  therefor  shall  comply  with  the  ordinances  of  the 
Corporation  in  relation  to  excavating  the  streets,  be  re- 
sponsible for  damages  or  injuries  caused  to  persons,  ani- 
mals or  property,  by  reason  of  any  neglect  or  carelessness 


248  OP  SEWERS  AND  DRAINS. 

connected  with  the  work  permitted;  that  no  claim  be  made 
by  them,  or  their  successors  in  interest,  if  the  same  be 
taken  up  by  authority  of  the  Corporation;  nor  exemption 
from  assessment  for  building  sewers  or  drains  in  the  vicini- 
ty of  their  property. 

connection?       §  4.  No  connection  shall  be  made  with  any  sewer  or 

with  Sewers  J 

and  Drain*.  (Jrain,  without  the  written  permission  of  the  Croton  Aque- 
duct Board;  and  any  connection  or  opening  made  into  any 
sewer  or  drain  without  such  permission,  or  in  a  manner 
different  from  the  mode  prescribed  for  such  opening  by 
said  Board,  shall  subject  the  person  making  the  same,  and 
the  owner  of  the  premises  directing  it,  respectively,  to  a 
penalty  of  fifty  dollars. 

§  5.  All  permissions  given  by  the  said  Board,  to  connect 
with  sewers  and  drains,  and  all  sewers,  drains  or  pipes 
constructed  and  laid  by  their  permission,  to  connect  with 
any  sewers  or  drains  in  any  of  the  streets  or  avenues  of  the 
city,  shall  be  upon  the  express  condition  that  the  Mayor, 
Aldermen  and  Commonalty  of  this  city  may  at  any  time 
revoke  and  annul  the  same;  and  the  persons  making  such 
connections,  or  their  successors  in  interest,  shall  have  no 
right  to  demand  or  claim  any  damages  in  consequence  of 
such  permission  being  revoked  and  annulled. 

ibid.  §  6.  All  openings  into  any  streets  or  drains  for,  the  pur- 

pose of  making  connection  therewith  from  any  house,  cel- 
lar, vault,  yard  or  other  premises,  shall  be  made  by  per- 
sons to  be  licensed  by  the  Croton  Aqueduct  Board,  in 
writing,  to  perform  such  work;  and  the  said  persons  before 
being  so  licensed,  shall  execute  a  bond  to  the  Mayor,  Al- 
dermen and  Commonalty  of  the  city  of  New  York,  in  a 
sufficient  penal  sum,  with  surety,  conditioned  that  they  will 
carefully  make  the  openings  into  any  sewers  or  drains  in 
the  manner  prescribed  by  said  Board  without  injuring 


OP    SEWEES   AND   DRAINS.  249 

them;  leave  no  obstructions  of  any  description  whatever  in 
them,  and  properly  close  up  the  sewer  or  drain  around  the 
connection  made  by  them,  and  make  no  opening  into  the 
arch  of  any  sewer  or  drain;  that  they  will  faithfully  com- 
ply  with  the  ordinances  relating  to  opening  and  excavating 
streets,  be  responsible  for  any  damages  or  injuries  that 
may  occur  to  persons,  animals  or  property,  by  reason  of 
any  neglect  or  carelessness  on  their  part,  connected  with 
said  work,  and  that  they  will  properly  refill  and  ram  the 
earth,  and  suitably  restore  the  pavement  taken  up  for  ex- 
cavating, and  repave  the  same,  should  it  settle  or  become 
out  of  order  within  three  months  thereafter;  and  in  case 
any  person  so  licensed  shall  neglect  to  repair  the  pavement 
aforesaid  within  twenty-four  hours  after  being  notified, 
the  said  Board  may  cause  the  same  to  be  done,  and  charge 
the  expense  thereof  to  the  person  so  neglecting. 

§  7.  Ten  dollars  shall  be  paid  to  the  said  Board  for  Foe  for  con- 

,     /.  -,     i  ,      .,  ,.  neclions  with 

permission  to  connect  from  each  house,  store  or  building,  sewors  au<i 
with  any  sewer  or  drain.  Each  hotel,  boarding-house,  or 
public  building,  covering  more  ground  than  twenty-five 
feet  by  fifty  feet,  shall  pay  proportionally  for  such  addi- 
tional space  of  ground  covered  by  each  respectively.  Man- 
ufactories, breweries,  distilleries  and  the  like,  for  permis- 
sion to  connect  with  sewers  or  drains,  for  the  purpose  of 
carrying  off  water  or  fluid  that  will  not  deposit  sediment 
or  obstruction,  shall  pay  such  sums  as  shall  be  fixed  and 
determined  by  said  Board;  and  any  manufacturer,  brewer, 
distiller  or  the  like,  permitting  any  substance  to  flow 
into  any  sewer,  drain  or  receiving  basin,  which  shall  form 
a  deposit  that  tends  to  fill  said  sewer,  drain  or  basin, 
shall  be  subject  to  a  penalty  of  fifty  dollars  for  each 
offense. 

6  8.  The  Board  aforesaid  shall  keep  a  record  of  all  per-  Moneys    r». 

ceived      for 

.mits  granted  by  them  for    connections  with  sewers 
17 


250  OF  SEWERS   AND   DRAINS. 

drains,  and  shall  pay  to  the  treasurer  of  the  city  all  sums 
received  by  them,  by  virtue  of  this  chapter,  and  render  an 
account  thereof,  once  in  each  week,  to  .the  Comptroller, 
verified  by  oath  or  affirmation  ;  the  sums  so  paid  and  ac- 
counted for,  shall  be  applied  towards  repaying  the  expen- 
ditures incurred  by  the  treasury  on  account  of  repairs  tor 
and  cleaning  of,  sewers,  drains  and  their  appendages;  and 
said  Board  is  authorized  to  draw  upon  the  Comptroller, 
from  time  to  time,  for  such  necessary  sums  as  shall  be 
required  for  the  due  carrying  into  effect  the  provisions  of 
this  chapter;  and  they  shall,  once  in  each  month,  render 
an  account  to  the  Comptroller,  with  the  vouchers  thereof, 
of  all  moneys  expended  by  them,  drawn  as  aforesaid. 

connections       §  9.  All  connections  with  sewers  or  drains,  used  for 

witli 


or  Drains.  ^Q  purpose  of  carrying  off  animal  refuse  from  water 
closets  or  otherwise,  and  slops  of  kitchens,  shall  have 
fixtures  for  a  sufficiency  of  Croton  water,  to  be  so  applied 
as  to  properly  carry  off  such  matters,  under  the  penalty  of 
five  dollars  for  each  day  the  same  are  permitted  to  remain 
without  such  fixtures  for  supplying  said  water. 

<*  §  10.  Said  Board  shall  have  authority  to  employ  a  suit- 
able person,  at  a  compensation  not  to  exceed  one  dollar 
and  fifty  cents  per  day,  to  examine  the  condition  of  all 
sewers,  receiving  basins,  culverts  and  their  appendages, 
and  fixtures  to  connections  therewith. 

§!!•  ^°  Butcher's  offal,  or  garbage,  dead  animals,  or 
fngdBas?S!v~  obstructions  of  any  kind  whatsoever,  shall  be  placed, 
thrown  or  deposited  in  any  receiving  basin  or  sewer;  and 
any  person  so  offending  or  causing  any  such  obstruction  or 
substance  to  be  placed  so  as  to  be  carried  into  such  basin 
or  sewer,  shall  be  subject  to  a  penalty  of  ten  dollars  for 
each  offense;  and  any  person  injuring,  breaking  or  remov- 
ing any  portion  of  any  receiving  basin,  covering-flag,  man- 


OF   SEWERS   AND   DRAINS.  251 

hole,  vent  or  any  part  of  any  sewer  or  drain,  or  obstructing 
the  mouth  of  any  sewer  or  drain,  shall  be  subject  to  a 
penalty  of  twenty  dollars  for  each  offense;  nor  shall  any 
quantity  of  marble  or  other  stone,  iron,  lead,  timber,  or 
any  other  substance,  exceeding  one  ton  in  weight,  be  placed 
or  deposited  upon  any  wharf  or  bulkhead  through  which 
any  sewer  or  drain  may  run  ;  nor  upon  or  over  any  sewer 
or  drain  where  the  same  shall  be  within  three  feet  of  the 
surface  of  the  street,  under  the  penalty  of  fifty  dollars  for 
each  offense,  to  be  recovered  of  the  person  or  persons 
causing  or  permitting  the  same. 

§  12.  It  shall  be  the  duty  of  the  policemen  of  the  several  {JJJ'JJ  J  % 
wards  to  be  vigilant  in  the  enforcement  of  the  provisions  olations>  *•• 
of  this  chapter,  and  report  any  violations  thereof  to  the 
Corporation  Attorney.  The  captains  of  the  several  police 
districts  shall,  on  observing  or  being  informed  of  the 
opening  of,  or  excavating  in,  any  street  or  avenue,  require 
the  person  making  such  opening  or  excavation,  to  exhibit 
to  him  the  authority  or  permission  for  such  opening;  and 
if  none  have  been  given  by  the  proper  officer,  or  if  the  ex- 
hibition thereof  be  refused,  said  captain  of  police  shall, 
without  delay,  make  complaint  to  the  Attorney  of  the 
Corporation,  and  report  the  same  to  the  Croton  Aqueduct 
Board. 

§  13.  It  shall  be  the  duty  of  every  person  having  charge  gjti«  ^ 
of  the  sweeping  and  cleaning  of  the  streets  in  the  several  tagstr«eta. 
wards,  to   see  that  the  gutters  are  properly  scraped  out 
before  the  water  is  suffered  to  flow  from  any  hydrant  for 
the  purpose  of  washing  the  same,  in  order  that  no  sub- 
stance or  obstruction  be  carried  into  any  of  the  receiving 
basins  ;    every  person  violating  this  section,  to  be  subject 
to  a~penalty  of  five  dollars  for  each  offense. 

14.  In  the  building  of  all  sewers  under  ordinances  of 


252  OF  SEWERS  AND   DRAINS. 

the  Common  Council,  it  shall  be  discretionary  with  the 
executive  department,  under  whose  direction  the  same  are 
ordered  to  be  built,  to  lay  so  many  connection  pipes  from 
the  sewers  to  the  line  of  curb  stones,  as  the  said  depart- 
ment may  deem  necessary,  unless  otherwise  ordered  by  the 
Common  Council;  the  expense  thereof  to  be  borne  by  the 
owners  or  occupants  of  the  houses  and  lots  intended  to  be 
benefited  thereby. 

Relations       §  15.  Whenever  a  sewer  or  culvert  is  to  be  constructed, 

connected 

J^sGas  altered,  or  repaired  in  any  street  in  the  city  of  New  York, 
in  which  the  gas  pipes  of  either  the  Manhattan  or  New 
York  Gaslight  companies  are  laid,  it  shall  be  the  duty  of 
the  contractor  or  contractors  thereof  to  give  notice  in 
writing,  of  the  same  to  the  said  companies,  or  to  the  one 
whose  pipes  are  laid  in  the  street  about  being  disturbed 
by  the  construction,  alteration,  or  repairing  of  such  sewer 
or  culvert,  at  least  twenty-four  hours  before  breaking 
ground  therefor. 

IWd-  §  16.  It  shall  be  the  duty  of  the  said  gas  companies,  or 

the  one  whose  pipes  are  about  being  disturbed  by  the  con- 
struction, alteration  or  repairing  of  any  sewer  or  culvert, 
on  the  receipt  of  the  notice  provided  for  in  the  preceding 
section,  to  remove  or  otherwise  protect  and  replace  the 
main  and  service-pipes,  lamp-posts,  and  lamps  when  neces- 
sary, under  the  direction  of  the  Croton  Aqueduct  Board, 
and  all  expenses  or  damages  incurred  or  sustained  by 
either  of  the  said  companies  thereby,  unless  the  same  shall 
have  been  caused  by  or  through  the  negligence  or  care- 
lessness of  the  contractor  or  contractors,  or aieglect  of  said 
companies,  shall  form  a  portion  of  the  expenses  of  such 
sewer  or  culvert,  and  shall  be  assessed  and  collected  in 
the  same  manner  as  the  other  expenses  thereof— provided, 
however,  that  the  company  notified  in  accordance  with  the 


OP   SEWERS   AND   DRAIN'S.  253 

preceding  section  shall  comply  with  such  notice,  by  caus- 
ing the  pipes,  lamp-posts  and  lamps  to  be  protected  and 
replaced  when  necessary,  during  the  progress  of  the  work; 
and  shall  also  furnish  a  bill  of  such  expenses  or  damages, 
if  any,  duly  certified  by  the  inspector  appointed  by  the 
Croton  Aqueduct  Board,  to  the  assessors  of  said  sewer  or 
culvert,  within  five  days  alter  receipt  of  notice  of  the 
completion  thereof. 

§  17.  The  said  inspector,  appointed  by  the  Croton  Regulation* 
Aqueduct  Board,  shall,  in  addition  to  the  usual  certificate* 
furnish  to  the  said  assessors  a  certificate,  stating  whether 
or  not  such  expenses  or  damages,  or  any  and  what  part 
thereof,  have  been  caused  by  or  through  the  negligence  or 
carelessness  of  the  contractor  or  contractors  of  the  sewer 
or  culvert,  and  any  such  expenses  or  damages  as  shall  be 
so  certified  to  have  been  caused  by  the  negligence  or  carei 
lessness  of  the  contractor  or  contractors,  shall  be  charged 
to  him  or  them,  and  shall  be  deducted  from  the  amount 
to  be  paid  him  or  them,  and  shall  be  paid  to  the  company 
by  whom  such  bill  shall  have  been  rendered. 

§18.  The  preceding  provisions  shall  be  made  part  of 
every  contract  hereafter  made  for  constructing,  altering 
or  repairing  any  sewer  or  culvert  in  any  street  of  this  city 
in  which  the  pipes  of  either  the  Manhattan  or  New  York 
Gaslight  companies  shall  be  laid,  at  the  time  of  making 
such  contract. 

§  19.  It  shall  be  the  duty  of  the  person  or  persons  by 
whom  or  for  whose  benefit  any  excavation  is  to  be  made 
for  constructing,  altering,  or  repairing  a  vault,  waste-pipe 
or  drain,  in  any  street  of  this  city,  to  give  notice,  in 
writing,  thereof,  to  the  company  whose  pipes  are  laid  in 
the  street  about  to  be  disturbed  by  the  construction,  alter- 
ation or  repairing  of  such  vault,  waste-pipe  or  drain,  at 


254  OF   SEWERS   AND   DRAINS. 

least  twenty-four  hours  before  commencing  the  same;  and 
-such  person  or  persons  shall,  at  his  or  their  expense,  sus- 
tain, secure  and  protect  said  pipes  from  injury,  and  re- 
place and  pack  the!  earth  wherever  the  same  shall  have 
been  removed,  loosened  or  disturbed,  under  or  around 
them,  so  that  such  pipes  shall  be  well  and  substantially 
•supported;  and  if  such  person  or  persons  shall  fail  so  to 
sustain,  secure  and  protect  said  pipes  from  injury,  or  to 
replace  and  paclq  the  earth  under  or  around  them,  as  by 
the  provisions  of  this  section  required,  then  the  same  may 
be  done  by  the  company  to  whom  the  same  may  belong, 
and  the  cost  thereof,  and  all  damages  sustained  by  either 
of  said  companies  thereby,  shall  be  paid  by  said  person 
or  persons  to  said  company,  and  the  said  company  may> 
in  default  thereof,  maintain  an  action  against  him  or  them 
therefor. 

Regulations       R  20.  The  provisions  of  the  last  preceding  section  shall 

connected  . 

ke  made  part  and  a  condition  of  every  permit  that  shall 
be  hereafter  granted  to  any  person  or  persons  for  making 
any  excavation  for  the  construction,  alteration  or  repair- 
ing any  vault,  waste-pipe  or  drain  in  any  street  in  which 
the  pipes  of  either  of  the  said  companies  shall  be  laid  at 
the  time  of  granting  such  permit,  provided  said  company, 
or  either  of  them,  provide  said  permits,  or  pay  a  just  pro- 
portion therefor. 


OF  THE  LIGHTING  OF  PUBLIC  GAS  LAMPS.  255 


CHAPTER    XVII. 

OP  THE  LIGHTING  OP  PUBLIC  GAS  LAMPS. 

§  1.  No  person,  unless  authorized  by  the  Manhattan 
Gaslight  Company,  shall,  at  any  time,  light,  or  cause  to 
be  lighted,  any  public  lamp  which  said  company  is  or  shall 
be  required  to  light,  under  their  contract  made  with  the 
Mayor,  Aldermen  and  Commonalty  of  the  city  of  New 
York,  dated  May  5, 1848-  and  no  person,  unless  authorized 
by  the  New  York  Gaslight  Company,  shall,  at  any  time, 
light,  or  cause  to  be  lighted,  any  public  lamp  which  the 
said  New  York  Gaslight  Company  is  or  shall  be  required 
to  light,  under  their  contract,  made  with  the  said  Mayor, 
Aldermen  and  Commonalty  of  the  said  city.  Any  person 
violating  the  provisions  of  this  section  shall  thereby  incur 
and  be  liable  to  a  penalty  of  five  dollars,  payable  to  the 
company  whose  lamps  shall  be  so  lighted,  or  caused  to  be 
lighted,  for  every  such  violation;  and  either  of  said  com- 
panies shall  be  liable  to  a  like  fine  of  five  dollars,  for  wil- 
fully neglecting  to  light  any  lamp  according  to  contract, 
said  fine  to  be  payable  to  the  city  treasury. 


256  OF   VAULTS,  CISTERNS  AND    AREAS, 


CHAPTER  XVIII. 

OP   VAULTS,   CISTERNS   AND   AREAS. 

§  1.  The  Croton  Aqueduct  Board,   on   application  for 

construct 

vaults  or  cis-  that  purpose,  during  the  recess  of  the  Common  Council, 


is  hereby  empowered  to  give  permission  to  construct  any 
vaults  or  cisterns  in  the  streets,  provided,  in  the  opinion 
of  a  majority  of  said  Board,  no  injury  will  come  to  the 
public  thereby. 

n>ia.  §  2.  No  person  shall  cause  or  procure  any  vault  or  cis- 

tern to  be  constructed  or  made  in  any  of  the  streets  in 
the  city  of  New  York,  without  the  written  permission  of 
the  Croton  Aqueduct  Board,  under  the  penalty  of  one  hun- 
dred dollars,  to  be  sued  for  and  recovered  from  such 
person  and  the  master  builder,  or  person  who  made  the 
same,  severally  and  respectively. 

ibid.  §  3.  Every  application  for  permission  to  erect  such 

vault  or  cistern  shall  be  in  writing,  signed  by  the  person 
making  the  same,  and  shall  state  the  number  of  square 
feet  of  ground  which  is  required  for  the  same,  and  the 
intended  length  and  width  of  the  same. 

§  4.  After  obtaining  permission  to  construct  or  make 
such  vault  or  cistern,  and  previous  to  the  commencement 
thereof,  the  person  so  applying  shall  forthwith  pay  to  the 
Chamberlain  of  the  city  of  New  York,  the  sum  of  fifteen, 
cents  for  each  square  foot  of  ground  mentioned  as  re~ 
quired  for  such  vault  or  cistern,  under  the  penalty  of  fifty 
dollars. 

o!Zc0b°tfeJn8.lts  §  5.  No  person  shall  erect  or  build,  or  cause  or 
permit  any  vault  or  cistern  to  be  made,  which  shall  ex- 
tend further  than  the  line  of  the  sidewalk  or  curb  stone 
of  any  street  under  the  width  of  forty  feet,  under  the 


OP   VAULTS,  CISTERNS   AND   AREAS.  257 

penalty  of  two  hundred  and  fifty  dollars;  and  in  all  streets 
of  forty  feet  wide  and  upward,  it  shall  be  at  the  discretion 
of  the  Croton  Aqueduct  Board  how  far  such  vault  or  cis- 
tern may  be  extended,  not  exceeding  two  fifths  of  said 
street. 

§  6.  It  shall  be  the  duty  of  every  person  for  whom  any  Jf 
vault  or  cistern  may  be  constructing,  to  procure  the  same 
to  be  measured  by  one  of  the  City  Surveyors,  and  to 
deliver  to  the  Croton  Aqueduct  Board  a  certificate  of  the 
said  measurement,  signed  by  such  surveyor,  before  the 
arching  of  such  vault  or  cistern  shall  be  commenced,  under 
the  penalty  of  one  hundred  dollars. 

§  7.  If  it  shall  appear  by  such  certificate  or  otherwise 
that  such  vault  or  cistern  occupies  a  greater  number  of 
square  feet  than  shall  have  been  paid  for  as  aforesaid, 
the  owner  of  such  vault  or  cistern,  and  the  master  builder, 
by  whom  or  under  whose  direction  such  vault  or  cistern 
shall  be  constructed,  shall,  in  addition  to  the  penalty  im- 
posed in  and  by  section  four  of  this  chapter,  severally  and 
respectively  forfeit  and  pay  the  sum  of  fifty  cents  for  each 
square  foot  of  ground  occupied  by  such  vault  or  cistern, 
over  and  above  the  number  of  square  feet  paid  for  as 
aforesaid. 

§  8.  All  vaults  or  cisterns  shall  be  constructed  of  brick 
or  stone,  and  the  outward  side  of  the  grating  or  opening 
into  the  street,  shall  be  either  within  twelve  inches  of  the 
outside  of  the  curb  stone  of  the  sidewalk,  or  within  twelve 
inches  of  the  coping  of  the  area  in  front  of  the  house  to 
which  such  vault  shall  belong,  under  the  penalty  of  one 
hundred  dollars,  to  be  paid  by  the  owner  or  person  making 
or  causing  the  same  to  be  made. 

§  9.  All  grates  to  vaults  shall  be  made  of  iron,  the  bars 
whereof  shall  be  three-fourths  of  an  inch  wide,  and  one- 


258  OP  VAULTS,  CISTERNS  AND   AREAS. 

half  of  an  inch  thick,  and  not  more  than  three-quarters 
of  an  inch  apart,  under  the  penalty  of  twenty-five  dollars, 
to  be  paid  by  the  owner  of  the  vault  or  occupant  of  the 
house  to  which  the  same  shall  belong,  severally  and  re- 
spectively. 

2cideite°.n°f  §  l®'  Everv  owner  or  occupant  of  any  house  or  lot  of 
ground,  within  the  paved  parts  of  the  city  of  New  York, 
before  which  any  vault,  pit,  hole,  cistern  or  well,  shall  be 
made,  and  every  person  making  or  having  charge  of  such 
vault,  pit,  hole,  cistern  or  well,  shall,  during  the  whole  of 
every  night  while  such  vault,  pit,  hole,  cistern  or  well, 
shall  be  opened  or  uncovered,  cause  a  lighted  lamp  or 
lantern,  to  be  placed  and  kept  at  some  convenient  spot,  so 
as  to  cast  its  light  upon  such  vault,  pit,  hole,  cistern  or 
well,  under  the  penalty  of  ten  dollars. 

S,nocrom'  §  n-  A11  vaults  or  cisterns  shall  be  completed,  and 
tSnsf  °r  cl3'  the  ground  closed  over  them,  within  three  weeks  after 
they  are  commenced,  under  the  penalty  of  five  dollars  for 
every  day  thereafter,  during  which  the  same  shall  remain 
uninclosed,  to  be  recovered  from  the  owner  or  builder  of 
the  same,  severally  and  respectively. 

are  or  area.  g  n  NQ  area  in  ^  front  of  ^y  building  in  the  city 
of  New  York,  shall  extend  more  than  one-fifteenth  part 
of  the  width  of  any  street,  nor  in  any  case  more  than  five 
feet,  measuring  from  the  inner  wall  of  such  area  to  the 
building;  nor  shall  the  railing  of  such  area  be  placed 
more  than  six  inches  from  the  inside  of  the  coping  on  the 
wall  of  such  area,  under  the  penalty  of  two  hundred  and 
fifty  dollars,  to  be  recovered  from  the  owner  and  builder 
thereof,  severally  and  respectively. 

^  ^  Every  area  shall  be  inclosed  with  a  railing,  the 
gates  of  which  shall  be  so  constructed  as  to  open  inwardly, 
under  the  penalty  of  two  hundred  and  fifty  dollars  for 


OF   VAULTS,  CISTERNS  AND   AREAS.  259 

each  offense,   to  be  recovered  from  the  owner  or  builder 
thereof,  severally  and  respectively. 

§  14.  Every  description  of  opening  below  the  surface  ^^  P™- 
of  the  street,  in  front  of  any  shop,  store,  house  or  other 
building,  whether  covered  or  open,  shall  be  considered 
and  held  to  be  a  vault  or  cistern,  within  the  meaning  of 
this  chapter;  and  the  master  builder,  or  owner  or  person  for 
whom  the  same  shall  be  made  or  built,  shall  be  liable  to 
the  provisions,  payments  and  penalties  of  this  chapter,  seve- 
rally and  respectively. 

§  15.  The  last  preceding  section  of  this  chapter  shall  not Itiid- 
"be  construed  to  refer  to  those  openings  which  are  used 
exclusively  as  places  for  descending  to  the  cellar  floor  of 
any  building  or  buildings  by  means  of  steps. 

§  16.  No  person  shall  remove,  or  cause  or  procure,  or  Grates  ana 

other  cover. 

suffer  or  permit  to  be  removed,  or  insecurely  fixed,  so  that  Jjj8*!' ®ff  open" 
the  same  can  be  moved  in  its  bed,  any  grate  or  covering 
to  the  opening  or  aperture  of  any  vault  in  the  city  of  New 
York,  under  the  penalty  of  ten  dollars. 

§  17.  The  last  preceding  section  of  this  chapter  shall  not  n>id. 
be  construed  to  prevent  the  removal  of  such  grate  or  cov- 
ering, provided  the  aperture  to  such  vault,  during  the  re- 
moval of  such  grate  or  covering,  shall  be  inclosed  with  a 
strong  box  or  curb  at  least  twelve  inches  high. 

§  18.  No  person  shall  suffer  or  permit  any  grate  or  cov-  ibid. 
ering  to  any  vault  to  be  removed  therefrom,  or  insecurely 
fixed  thereon,  so  that  the  same  can  be  moved  in  its  bed, 
within  one  hour  before  sunset  on  any  day,  under  the  pen- 
alty of  twenty  dollars,  to  be  sued  for  and  recovered  from 
the  owner  and  occupant  of  the  house  to  which  such  vault 
shall  belong,  severally  and  respectively. 

§  19.  In  all  cases  where  the  owners  of  property  in  that  Areas> 
part  of  the  city,  laid  out  by  the  Commissioners  of  Streets 


260  OP  PUBLIC   WELLS,   PUMPS,   CISTERNS  AND  HYDRANTS. 

and  Roads,  shall,  in  the  erection  of  dwellings,  set  the  same 
back  from  the  lines  of  the  streets  or  avenues,  a  distance  of 
three  feet  and  upward,  for  the  purpose  of  ornamental 
court-yards  in  front,  they  shall  be  permitted  to  inclose  for 
such  purpose,  with  a  neat  iron  railing,  in  addition  to  the 
space  receded  from,  so  much  of  the  sidewalk  in  front  as  is 
allowed  by  ordinance  for  stoops;  the  gates  of  such  inclo- 
sures  to  be  so  constructed  as  to  open  inwardly,  under  the 
penalty  of  two  hundred  and  fifty  dollars  for  each  offense,- 


OP  PUBLIC   WELLS,   PUMPS,   CISTERNS   AND    HYDRANTS.  261 


CHAPTER  XIX. 

-OF  PUBLIC  WELLS,  PUMPS,  CISTERNS  AND  HYDRANTS. 

ARTICLE  I. 
OP  BUILDING  WELLS  AND   PUMPS. 

§  1.  All  applications  for  wells  and  pumps,  in  any  part  Applications 
of  the  city  of  New  York,  shall  be  made  to  the  Croton  pumP3- 
Aqueduct  Board. 

§  2.  It  shall  be  the  duty  of  the  said  Board,  as  soon  as  ibid. 
may  be  after  the  receipt  of  such  application,  to  submit  the 
same  to  the  Alderman  and  Councilmen  of  the  district  of 
the  ward  in  which  the  well  is  to  be  located,  and  if  ap- 
proved by  them,  the  said  Board  shall  present  to  the  Com- 
mon Council  the  ordinance  necessary  to  carry  the  applica- 
tion into  effect,  in  the  manner  provided  for  by  law. 

§  3.  All  public  wells  hereafter  built  by  order  of  the  inspection  of 

J  Public  Wells. 

Common  Council,  shall  be  examined  and  inspected  by  the 
Water  Purveyor,  and  shall  be  paid  for  by  the  Croton 
Aqueduct  Board,  in  the  usual  manner,  on  receiving  from 
the  said  Water  Purveyor  a  certificate  of  his  approval  of 
the  work,  and  that  the  same  is  built  in  conformity  to  law, 
the  said  work  to  be  done  in  accordance  with  the  provisions 
of  law  and  ordinances  as  to  all  work  done  for  the  Corpo- 
ration. 

§4.  No  public  well  shall  hereafter  be  built  in  any  of  ^ 
the  avenues  of  this  city. 

§  5.  No  person  shall  build  any  well  in  any  of  the  ave-  ibid 
nues  of  this  city,  under  the  penalty  of  fifty  dollars,  and 
the  Croton  Aqueduct  Board  shall  cause  the  same,  in  all 
such  cases,  to  be  filled  up. 


262  OP   PUBLIC   WELLS,   PUMPS,   CISTERNS  AND   HYDRANTS. 

Removal   of     §  6.  The  Croton  Aqueduct  Board  is  hereby  authorized 

Wells  and  .  ' 

pump3.  under  the  direction  of  the  Alderman  and  Councilmen  of 
the  district  of  each  ward  respectively  in  which  any  well 
and  pump  may  be  so  located  as  to  incumber  the  carriage- 
way or  sidewalks  of  any  street  in  the  city,  to  remove  the 
same  to  some  more  proper  and  convenient  place  in  the 
vicinity. 

ARTICLE  II. 

GENERAL  PROVISIONS  AS  TO  PUBLIC  WELLS,    PUMPS,  CISTERNS 
AND  HYDRANTS. 

Regulations       §  7.  No  person  or  persons  shall  take  the  water  from  any 

as  to  use  of 

water.  public  well,  pump  or  cistern  in  the  city  of  New  York,  for 
the  purpose  of  selling  or  offering  the  same  for  sale,  under 
the  penalty  of  twenty-five  dollars  for  each  offense. 

n»id-  §  8.  No  person  shall  take  or  use  the  water  from  any 

public  cistern  or  hydrant,  except  in  case  of  fire,  and  for 
the  purpose  of  extinguishing  the  same,  under  the  penalty 
of  twenty-five  dollars  for  each  offense. 

ibid.  §  9.  No  person  having  charge  of  any  public  cistern  or 

hydrant,  shall  suffer  or  permit  any  water  to  be  taken 
therefrom,  except  for  the  purpose  of  extinguishing  fire, 
under  the  penalty  of  twenty-five  dollars  for  every  such 
offense. 

Protection  or  §10.  No  person  shall  willfully  do,  or  cause,  or  suffer  to 
be  done,  any  damage  to  any  of  the  public  pumps  in  the  city 
of  New  York,  under  the  penalty  of  twenty-five  dollars  for 
each  offense. 

Regulations       §  11.  Every  person  who  shall  place,  or  assist  in  placing 

water"501     Or  cause,  or  procure  to  be  placed,  any  hogshead,  barrel, 

tub,  or  other  vessel  of  greater  capacity  than  ten  gallons, 

in  any  street  in  the  city  of  New  York,  within  twenty-fiva 


OP  PUBLIC  WELLS  PUMPS,   CISTERNS  AND   HYDRANTS.  263 

feet  of  any  public  well  or  pump,  for  the  purpose  of  filling 
the  same  with  water  from  any  such  well  or  pump,  or  who 
shall  put,  or  cause  to  be  put,  into  any  such  vessel  any 
water  from  such  pump  or  well,  shall  forfeit  and  pay  the 
sum  of  ten  dollars  for  each  offense. 

§  12.  The  last  preceding  section  shall  not  be  construed  SSlSJrf 
to  prevent  the  immediate   filling  of  any  vessel  therein W£ 
mentioned,  provided  the  same  shall  be  forthwith  removed. 

§  13.  If  any  person  except  one  of  the  engineers  or  fore-  unscrewing 
men  of  the  fire  companies,  shall  unscrew  any  of  the  hy- 
drants belonging  or  attached  to  the  Corporation  water 
works,  erected  for  the  extinguishment  of  fire,  or  interfere 
with  the  same,  or  any  part  of  the  works  belonging  to  the 
said  establishment,  whereby  the  said  establishment,  or  any 
or  either  of  the  pipes,  hydrants,  stop-cocks,  or  any  part  of 
the  works  may  be  injured,  or  the  water  taken  therefrom 
or  wasted,  they  shall  be  liable  to  a  penalty  of  fifty  dollars 
for  each  and  every  such  offense. 

§  14.  No  person  shall  wash,  or  cause,  or  procure  or  per-  XSe»?mi 
mit  to  be  washed,  any  horse  or  carriage  within  twenty-five (* 
feet  of  any  pump,  in  any  street  in  the  city  of  New  York, 
under  the  penalty  of  ten  dollars  for  every  such  offense. 

§  15.  No  person  shall  water,  or  suffer  or  permit  any  Jjfjj* 
horse  to  drink  or  be  watered,  at  or  within  ten  feet  of  any 
pump  or  well  in  any  street  of  the  city  of  New  York,  under 
the  penalty  of  five  dollars  for  each  offense,  to  be  paid  by 
the  owner  or  person  watering  or  permitting  such  horse  to 
water,  severally  and  respectively. 


264        OF  THE  ERECTION  OF  BARRIERS  TO  PREVENT  ACCIDENTS. 


CHAPTER  XX. 

OF  THE  ERECTION  OF  BARRIERS  TO  PREVENT  ACCIDENTS. 

w^n  a  fence  §  1.  It  shall  be  the  duty  of  every  person  or  persons  en- 
be  erected,  gaged  in  digging  down  any  road  or  street,  in  paving  any 
street,  building  any  sewer  or  drain,  trench  for  water  pipes, 
or  digging  and  building  a  well  in  any  of  the  public  roads, 
streets  or  avenues,  under  contract  with  the  Corporation  of 
this  city,  made  through  either  or  any  of  the  departments 
of  the  said  Corporation,  or  by  virtue  of  any  permission 
which  may  have  been  granted  to  them,  by  the  Mayor  and 
Common  Council,  or  either  of  the  said  departments,  or 
either  of  them,  where  such  work,  if  left  exposed,  would  be 
dangerous  to  passengers,  to  erect  a  fence  or  railing  at  such 
excavations,  or  work,  in  such  a  manner  as  to  prevent  dan- 
ger to  passengers  who  may  be  traveling  such  streets, 
roads  or  avenues,  and  to  continue  and  uphold  the  said  rail- 
ing or  fence,  until  the  work  shall  be  completed  or  the  ob- 
struction or  danger  removed.  And  it  shall  also  be  the 
duty  of  such  persons  to  place  upon  such  railing  or  fenee, 
at  twilight  in  the  evening,  suitable  and  sufficient  lights, 
and  keep  them  burning  through  the  night,  during  the  per- 
formance of  said  work,  under  the  penalty  of  two  hundred 
and  fifty  dollars  for  every  neglect. 

nrt^  §  2.  The  provisions  of  the  preceding  section  shall  apply 

to  every  person  who  shall  place  building  materials  in  any 
of  the  public  streets  or  avenues,  or  be  engaged  in  building 
any  vault,  or  constructing  any  lateral  drain  from  any  cel- 
lar to  any  public  sewer,  or  who  shall  do  or  perform  any 
work  causing  obstructions  in  the  public  streets,  by  virtue 
of  any  permit  Irom  any  executive  department;  and  also  to 
all  public  or  Corporation  officers,  engaged  in  performing 


OP  THE  ERECTION  OP  BARRIERS  TO  PREVENT  ACCIDENTS.  265 

any  work  in  behalf  of  the  Corporation,  whereby  obstruc- 
tions or  excavations  shall  be  made  in  the  public  streets. 
§  3.  The  extent  to  which  such  railing  or  fence  should  be  Extent  or 

fence  or  rail- 
built,  in  the  several  cases,  is  hereby  denned  as  follows,  to  iDg- 

wit: 

In  digging  down  any  street  or  road,  by  placing  the 
same  along  the  upper  bank  of  such  excavation, 
or  by  extending  the  fence  so  far  across  the  street 
or  road,  as  to  prevent  persons  from  traveling  on 
such  portion  as  would  be  dangerous.  In  paving 
any  street  or  avenue,  by  extending  it  across  the 
carriage-way  of  such  street  or  avenue,  or  if  but 
a  portion  of  the  width  of  such  carriage-way  be 
obstructed,  across  such  portion,  in  which  case  the 
obstructions  shall  be  so  arranged  as  to  leave  a 
passage-way  through,  as  nearly  as  may  be,  of  uni- 
form width. 

In  the  building  of  a  sewer,  by  placing  it  across  the 
carriage-way,  at  the  ends  of  such  excavations  as 
shall  be  made. 

In  the  building  of  a  well,  by  inclosing  the  same,  and 
the  obstructions  connected  therewith,  on  one  or 
more  sides. 

In  building  vaults,  by  inclosing  the  ground  taken  for 
the  vaults. 

In  placing  building  materials  in  the  streets,  by  placing 
it  across  so  much  of  the  street  as  shall  be  occu- 
pied by  such  materials;  and  the  materials  shall  be 
so  placed  as  to  occupy  a  space  of  uniform  width, 
except  brick  or  stone  piled  solid  at  least  seven 
feet  high.  In  all  cases  sufficient  lights  are  to  be 
placed  upon  such  building  materials,  fences  or 
railings,  and  kept  burning  during  the  night,  as 
provided  by  the  preceding  sections. 
18 


266  OP  THB  ERECTION  OP  BARRIERS  TO  PREVENT  ACCIDENTS. 

parties  an-  §  4.  In  all  cases  where  any  person  or  persons  shall  per- 
form  any  of  the  work  mentioned  in  the  preceding  sections, 
either  under  contracts  with  the  Corporation,  or  by  virtue 
of  permission  obtained  from  the  Mayor  and  Common  Coun- 
cil, or  either  of  the  departments,  such  persons  shall  be 
answerable  for  any  and  every  damage  which  may  be 
occasioned  to  persons,  animals  or  property,  by  reason  of 
carelessness  in  any  manner  connected  with  the  said  work. 

of          §5.  It  shall  be  the  duty  of  the  chiefs  of  the  bureaux 
t°nthu  having  charge  of  the  particular  class  of  improvement,  to 


see  that  the  requirements  contained  in  this  chapter,  in 
regard  to  the  erection  of  fencing,  and  placing  lights,  in 
all  cases,  be  complied  with,  severally,  under  the  penalty  of 
fifty  dollars  for  each  and  every  neglect. 

Ibld  §  6.  It  shall  also  be  the  duty  of  the  said  chiefs  of  bu- 

reaux, when  any  of  the  work  referred  to  in  any  of  the 
preceding  sections  shall  be  performed,  whether  for  digging 
down  streets  or  roads,  paving  streets,  building  sewers  and 
building  wells,  or  digging  trenches  for  water  pipes,  by 
persons  under  contract  with  the  Corporation,  or  for  build- 
ing vaults,  or  placing  building  materials  in  the  streets,  or 
constructing  drains,  or  any  other  work  for  forming  an  ob- 
struction to  the  said  street,  by  virtue  of  permission  duly 
obtained,  to  see  that  the  requirements  of  this  chapter  in 
regard  to  erecting  the  necessary  fences,  and  placing  the 
necessary  lights,  be  complied  with,  and  to  make  the  neces- 
sary compl^nt  to  the  Corporation  Attorney,  for  any  omis- 
sion on  the  part  of  the  person  referred  to,  under  the 
penalty  of  fifty  dollars  for  every  neglect. 

contracts  to      §  7.  In  all  contracts  for  paving  streets,   constructing 

have  a  cove-  >ii>  11  -i  /»          i    • 

n  mi   as  to  sewers,  and  building  wells  and  pumps,  or  for  doing  any 

this  subject.  ...  -, 

other  work,  whereby  accidents  or  injuries  may  happen,  in 


OF  THE  ERECTION  OF  BARRIERS  TO  PREVENT  ACCIDENTS.  267 

consequence  of  any  neglect  or  carelessness  during  the  per- 
formance thereof,  it  shall  be  the  duty  of  the  departments 
by  whom  suet  contracts  are  made,  to  insert  a  covenant, 
requiring  the  contractor  or  contractors  to  place  proper 
guards  for  the  prevention  of  accidents,  and  to  put  up  and 
keep  suitable  and  sufficient  lights  burning  at  night,  during 
the  performance  of  the  work;  and  that  they  will  keep  the 
Corporation  harmless  and  indemnified  against  all  loss  and 
damage  which  maybe  occasioned  by  reason  of  any  unskill- 
fulness  or  carelessness,  in  any  manner  connected  with  the 
execution  and  completion  of  the  work. 

§  c.  In  all  contracts  for  digging  down  any  road  or  street,  contracts  to 
where  such  digging,  if  left  exposed,  would  be  dangerous  to  i«nt  •*  t* 

ibis  subject. 

passengers,  the  head  of  the  proper  department  shall  insert 
a  covenant,  whereby  the  contractors  shall  be  bound,  at 
their  own  expense,  to  erect  a  fence  or  railing  along  or 
across  the  street,  in  such  a  manner  as  to  prevent  danger  to 
passengers,  and  so  to  continue  and  uphold  the  said  fence 
or  railing,  until  the  street  is  completed. 

§  9.  A  like  fence  or  railing  shall  be  put  up  and  upheld,  ltrcc£r  *"* 
in  all  cases  in  which  a  road  or  street  is  dug  out  at  the  cost tion- 
of  the  Common  Council. 


268  OF  PRESERVING  THE  MONUMENTS  DESIGNATING  STREETS,  &C. 


CHAPTER  XXT. 

OF   PRESERVING    THE  MONUMENTS  DESIGNATING    THE    STREETS" 
AND  AVENUES. 

§  1.  No  person  or  persons  shall  cover  up  or  remove  any 
umeiSs  m°n ~°ftne  monument  stones  for  designating  the  avenues  and 
streets  in  the  city  of  New  York,  without  first  giving  the 
Street  Commissioner  three  days'  notice  thereof,  in  writing, 
under  the  penalty  of  fifty  dollars. 

street  com-      §  2.  It  shall  be  the  duty  of  the  Street  Commissioner,  on 

missioner's  ' 

receiving  such  notice,  forthwith  to  cause  one  of  the  City 
Surveyors  to  take  the  necessary  measures  to  raise  or  lower 
such  monument  to  the  proper  grade  of  the  city,  and  to 
cause  such  alteration  to  be  noticed  on  maps,  to  be  kept  in 
the  office  of  the  Street  Commissioner  for  that  purpose. 

§  3<  Ii;  slia11  ke  thc  duty  of  the  strect  Commissioner,  in 
all  contracts  hereafter  made  by  him.  for  regulating  any  of 
the  streets  or  avenues  in  which  monuments  are  placed,  to 
insert  therein  a  covenant  on  the  part  of  the  contractors,  to 
give  the  notice  above  required,  and  to  replace  such  stones, 
under  the  direction  of  the  said  Commissioner. 

§  4.  Whenever  the  Street  Commissioner  shall  ascertain 
that  any  monument  stone  has  been  removed,  he  shall  forth- 
with cause  the  same  to  be  placed  in  its  proper  position, 
and  shall  note  the  same  on  the  map,  in  the  manner  before 
stated. 

§  5.  The  expenses  attending  the  same  shall  be  paid  by 

hww    defray- 

the  Comptroller,  on  the  certificate  of  the  Street  Commis- 
sioner. 


OP   NUMBERING  THE   STREETS.  269 


CHAPTER  XXII. 

OF  NUMBERING  THE   STREETS. 

§  1.  Iii  all  cases  where  the  number  or  numbers  of  streets  SmSref 
Tiave  been  directed  to  be  changed,  or  shall  hereafter  be  so  £X£;C0' 
directed,  either  by  resolution  or  ordinance  of  the  Common 
Council,  the  said  number  or  numbers  shall  be  so  changed 
within  twenty  days  after  a  copy  of  the  said  ordinance  or 
resolution  shall  have  been  served,   personally,  upon  the 
occupant,  owner  or   lessee,   tenant  or  sub-tenant  of  the 
premises. 

§  2.  For  every  neglect  to  comply  with  the  forego-  Penalties. 
ing  section,  the  owner,  occupant,  lessee,  tenant  or  sub- 
tenant, shall  forfeit  and  pay  the  sum  of  fifty  dollars,  and 
the  further  penalty  of  ten  dollars  for  each  day,  or  part  of 
a  day  such  number  or  numbers  shall  remain  unchanged, 
to  be  recovered  from  the  owner,  occupant,  lessee,  tenant 
or  sub-tenant,  severally  and  respectively. 

§  3.  In  the  event  of  non-compliance  with  the  first  section  change  or 

numbers. 

of  this  chapter,  it  shall  be  the  duty  of  the  Inspector  of 
.Sidewalks  to  cause  the  number  or  numbers  to  be  forth- 
with changed  ;  and  the  expense  thereof  to  be  collected 
from  the  parties  aforesaid,  as  an  additional  penalty. 

§  4.  In  all  cases  of  renumbering  the  streets  it  shall  be  Record  otow 

andnevrnum 

the  duty  of  the  Inspector  of  Sidewalks  to  furnish  to  the  bera- 
Croton  Aqueduct  Department  a  transcript  of  all  changes 
made,  showing  in  parallel  columns,  the  old  and  new  street 
numbers. 


§  5.  Whenever  any    street  north  of  Thirteenth  street, 
^inclusive,  shall  be  directed  to  be  numbered,  the  Inspector  !ireet.onath 


270  OF  NUMBERING  THE  STREETS. 


or    of  Sidewalks  shall  cause  the  numbers  to  commence  at  the 

numbering 

north  of  lah  Fifth  avenue,  beginning  with  number  one,  and  numbering 
Continually  to  either  river  ;  and  that  said  streets  shall 
hereafter  be  called  and  known  as  East  Thirteenth  street 
and  West  Thirteenth  street,  and  so  on,  the  dividing  line 
to  be  the  Fifth  avenue. 


CLEANING   STREETS.  271 


CHAPTER  XXIII. 

OF  CLEANING  THE  STREETS  AND  HEREIN  OF  THE  REMOVAL  OF 
SNOW  AND  ICE,  AND  THE  SALE  AND  CARTAGE  OF  MANURE. 

ARTICLE  I.  —  OP  CLEANING  THE  STREETS. 

II.  —  OP  THE  REMOVAL  OF  SNOW  AND  ICE. 
HI.  —  OP  THE  SALE  AND  CARTAGE  OP  MANURE. 

ARTICLE  I. 

OF   CLEANING  THE  STREETS. 

§  1.  The  city,  with  the  exception  of  the  Twelfth  Ward, 
shall  constitute  one  contract  district. 

§  2.  The  contractor  shall  cause  the  surface  of  all  streets, 
avenues,  lanes  and  alleys,  and  all  gutters,  wharves,  piers, 
heads  of  slips,  public  lands  and  places,  and  the  limits  of 
the  public  markets,  to  be  thoroughly  cleaned  and  swept 
once  each  and  every  week;  and  all  dirt,  manure,  ashes, 
garbage  and  rubbish,  so  swept  up,  to  be  removed  imme- 
diately therefrom. 

§  3.  The  said  contractor  shall  cause  all  dirt,  filth  and  J*6™0™1  of 
rubbish,  of  all  and  every  kind,  to  be  removed  from  each  £e°™  mar~ 
of  the  public  markets,  and  such  other  public  markets  as 
shall  hereafter  be  erected,  and  the  limits  thereof  within 
their  respective  districts,  every  Sunday,  before  the  hour  of 
nine  o'clock  in  the  morning,  and  every  other  day  excepting 
Saturday,  before  four  o'clock  in  the  afternoon. 


§4.  The   said  contractor  shall   cause   to   be    removed  Si*!  *c. 
from  the  streets,  in  tight  carts,  all  ashes,  garbage,  rubbish, 
and  sweepings  of  every  kind,  which  may  be  delivered  to 
them,  or  that  may  be  placed  in  vessels  upon  the  sidewalks, 


272  CLEANING   STREETS. 


or  in  the  front  area  of,  or  upon  the  upper  area  step  of, 
any  dwelling-house,  store  or  public  building,  between  the 
hours  of  seven,  A.  M.,  and  six,  p.  M.,  of  each  and  every  day, 
Sundays  excepted. 


ASH  carts:  §  5  Tte  drivers  of  all  carts  employed  as  ash  carts  shall 
have  a  bell  attached  to  their  carts  or  harness,  that  notice 
of  their  approach  may  be  had;  and  shall  receive  all  ashes, 
garbage,  sweepings  and  rubbish  which  shall  be  delivered 
them,  or  that  may  be  placed  upon  the  sidewalk  in  vessels, 
or  in  the  area,  or  upon  the  upper  cellar  step  of  every 
dwelling-house,  store  or  public  building. 


§  6'  Broadway,  from  the  Battery  to  Fourteenth  street, 
tam  streets,  ^all  be  swept,  during  the  night  and  before  the  hour  of 
seven,  A.  M.,  once  every  twenty-four  hours  ;  Park  row  and 
Chatham  street,  Bowery  to  Grand  street,  Fulton  street, 
east  from  Broadway,-  Cortland  street,  Wall  street,  Maiden 
lane,  Whitehall  street  and  Grand  street,  east  from  Broad- 
way, shall  be  swept  seven  times  in  each  month. 

aid-  §  7.  All  streets,  lanes  and  alleys  embraced  in  the  First, 

Second,  Third,  Fourth,  Fifth  and  Sixth  Wards,  together 
with  Canal  street,  West  Broadway,  Third  and  Sixth  ave- 
nues to  Fourteenth  street,  shall  be  swept,  in  like  manner, 
once  per  week,  and  all  the  dirt,  manure,  ashes,  garbage 
and  rubbish  of  every  kind,  so  swept  up,  shall  be  removed 
immediately  therefrom.  All  streets  below  Chambers  street 
shall  be  cleaned,  during  the  night  and  before  the  hour  of 
seven,  A.  M.,  between  the  first  day  of  May  and  the  first  day 
of  October;  and  during  the  night,  and  before  the  hour  of 
nine  o'clock,  A.  M.,  between  the  first  day  of  October  and 
the  first  day  of  May  in  each  year. 

When  the  performance  of  such  work  is  impracticable 
from  the  state  of  the  weather,  the  City   Inspector  may, 


CLEANING  STREETS.  273 

from  time  to  time,  in  writing,  designate  a  later  hour  for 
the  work,  or  dispense  with  the  same  temporarily;  but  said 
officer  shall  not  grant  such  dispensation  for  a  period  longer 
than  one  week  from  the  date  thereof. 

§  8.  The  said  contractor  shall  remove  snow,  ice  and  l*™^  ^ 
other  obstructions  from  the  crosswalk   and  gutters,  and  ^e3r.'obst™a 
shall  also  remove  snow,  hail  and  ice  from  the  front  of  all 
public  buildings  and  places,  engine-houses,  station-houses 
and  court-rooms,  within  twenty-four  hours  after  such  snow 
or  hail  has  ceased  to  fall,  and  shall  keep  the  streets  con- 
veniently  passable   for   vehicles  during  the  winter,  and 
clean  all  gutters  intersecting  the  same. 

^  9.  The  said  contractor  shall  remove  from  the  city  all  jjfjj^"*" 
dirt,  manure,  garbage,  ashes  and  rubbish  of  every  kind  as 
fast  as  the  same  can  be  collected,  and  no  deposit  of  any 
kind  shall  be  made  in  the  city,  except  such  as  may  be 
suitable  to  fill  up  low  ground,  or  sunken  lots,  and  that 
may  be  required  for  such  purpose,  with  the  consent  of  the 
owner  of  such  ground  or  lots,  and  of  the  City  Inspector. 
The  city  will  furnish  to  the  contractor  the  right  to  use 
the  berths  designated  by  the  Common  Council  for  the  load- 
ing of  vessels,  but  the  contractor  must  protect  the  right 
thereto  from  unlawful  infringement. 

§10.  If  the  contractor  shall  fail  to  perform  any  duty  Neglect  of 

contractorsj 

required  by  these  specifications,  for  the  space  of  twenty- 
four  hours  after  he  shall  have  been  notified  thereof,  by 
notice,  in  writing,  left  at  his  residence  or  place  of  business, 
by  the  City  Inspector,  he  shall  be  subject  to  a  fine  of  five 
dollars,  for  each  and  every  street  so  reported;  and  should 
said  contractor  fail  to  perform  his  contract,  according  to 
the  written  specifications,  for  a  further  space  of  twenty- 
four  hours,  in  regard  to  the  street  or  streets  so  reported, 
he  shall  be  subject  to  a  further  fine  of  twenty-five  dollars; 


274  CLEANING  STEEETS. 

Neglect  of    gai(i  fine  to  be  deducted  from  the  reserve  fund  of  ten  per 

Contractor?; 

respecting.  cent->  hereinafter  provided  for ;  and  if  such  fund  is  not 
sufficient,  then  such  fine  or  fines  shall  be  deducted  from 
such  moneys  as  may  be  due,  or  become  due,  said  contractor 
from  the  city.  Should  the  said  contractor  further  fail  of 
performing  his  contract,  as  aforesaid,  for  the  space  of  one 
week,  the  City  Inspector  shall,  forthwith,  without  any 
delay,  communicate  the  facts  in  relation  thereto  to  the 
Common  Council,  and  the  said  Common  Council  shall,, 
thereupon,  proceed  to  investigate  the  alleged  non-perform- 
ance of  said  contract,  by  said  contractor;  and  it  shall  be 
optional  with  said  Common  Council  to  annul  said  con- 
tract, or  compel  a  specific  performance  thereof  by  said 
contractor,  or  his  sureties.  Should  the  said  contract  be 
annulled  and  declared  forfeited,  as  aforesaid,  the  said  con- 
tractor shall  not  be  entitled  to  claim  any  moneys  for  any- 
work  performed  under  said  contract,  after  a  resolution, 
annulling  said  contract,  shall  have  been  approved  by  the 
Mayor,  and  written  notice  thereof  given  said  contractor, 
in  person,  or  left  at  his  office  or  place  of  business.  After 
said  contract  shall  have  been  annulled,  as  aforesaid,  it 
shall  be  the  duty  of  the  City  Inspector,  forthwith,  to  ad- 
vertise for  proposals  for  cleaning  the  streets  uncontracted 
for,  in  compliance  with  the  specifications  herein,  and  to 
cause  the  work,  under  said  forfeited  contracts  to  be  done 
by  other  persons,  pursuant  to  law,  and  the  specifications 
herein;  and  all  charges  for  such  work,  over  and  above 
the  amount  that  the  aforesaid  contractor  would  have  been 
entitled  to  for  the  same,  together  with  such  other  expenses, 
losses,  &c.,  that  would  have  been  incurred  by  the  city,  by 
reason  of  said  forfeiture,  shall  be  charged  to  said  con- 
tractor; provided,  however,  that  neither  said  contractor 
nor  his  sureties  shall  be  liable  for  any  expenditure  or  loss 
sustained  by  the  city:  by  reason  of  said  forfeiture  or  annul- 


CLEANING   STREETS.  275 

ment  of  said  contract,  after  the  expiration  of  thirty  days 
from  the  date  of  said  annulment,  and  notice  thereof,  as 
aforesaid.  Should  the  payment  due,  or  becoming  due  to 
the  said  contractor  be  insufficient  to  reimburse  the  city  for 
the  expense  incurred  by  reason  of  said  annulment,  the 
Comptroller  shall  then  direct  such  action  to  be  taken  in 
law  as  may  be  necessary  to  recover  from  the  sureties  of 
said  contractor  any  deficiency  that  may  arise  by  reason 
thereof. 

§  11.  The  said  contractor  shall  receive  from  the  Croton  ruth  from 

Receiving  ba- 

Aqueduct  Department,  and  carry  away  all  dirt,  rubbish 
and  filth  taken  from  the  receiving  basins  and  sewers,  free 
from  any  charge  or  expense  to  the  city,  or  said  Croton 
Aqueduct  Department. 

§  12.  The  contractor  shall  be  allowed  to  use  the  Croton 
water  from  hydrants,  for  sprinkling  streets  in  advance  of  cleaning 
the  sweepers  employed  therein,  but  not  more  than  one 
hydrant  to  be  open  at  a  time,  and  this  only  so  far  as  to 
enable  him,  conveniently,  to  fill  his  watering-pots,  and  to 
be  carefully  closed  when  left.  The  said  contractors  to 
pay  for  repairs,  by  the  Croton  Aqueduct  Department  of 
hydrants  damaged  by  the  said  contractors,  or  the  men  in 
their  employ. 

§13.  The  contractor  shall   give  good  and  sufficient  se-  ?eeority   to 

be  given  by 

curity  in  an  amount  or  amounts  from  not  more  than  ten  contractors, 
sureties,  of  two  hundred  thousand  dollars,  for  the  faithful 
performance  of  his  contract;  such  security  to  be  approved 
by  the  Comptroller  ;  and  the  Comptroller  shall  draw  his 
warrant,  semi-monthly,  for  the  proportionate  amounts  of 
the  contract,  after  having  deducted  ten  per  cent,  from 
each  payment,  except  as  hereinbefore 'otherwise  provided, 
until  the  expiration  of  each  year  from  the  time  of  the 
award  of  his  contract,  upon  a  certificate  of  the  City  In- 


276  CLEANING  STREETS. 

specter  of  the  faithful  performance  of  the  work.  If,  at 
the  expiration  of  each  year,  as  aforesaid,  the  contracts 
have  been  faithfully  performed  on  the  part  of  the  con- 
tractors, to  the  satisfaction  of  the  City  Inspector,  and  he 
shall  certify  thereto,  then  the  Comptroller  shall  issue  his 
warrant  for  the  additional  ten  per  cent,  deducted  from  the 
aforementioned  payment. 

b90?dve9rti°.  §  14.  The  City  Inspector  is  hereby  authorized  and  di- 
rected to  advertise  for  proposals,  and  to  contract  with  the 
lowest  bidder,  pursuant  to  the  provisions  of  the  charter, 
for  cleaning  the  streets  and  avenues  of  the  city,  for  a 
term  of  five  years,  in  compliance  with  the  specifications 
herewith  accompanying,  and  that  he  transmit  the  said 
award  of  contract  to  the  Common  Council,  for  con- 
firmation. 

ARTICLE  II. 

OF  THE   REMOVAL   OF   SNOW   AND   ICE. 

from^de-         §  15.  The  owner,  or  occupant,  or  person  having  charge 

?uttSsand     of  each  house  or  other  building,  or  lot  or  lots  of  ground, 

in  the  city  of  New  York  shall,  within  the  first  four  hours 

after  every  fall  of  snow  or  hail  or  ra  n,  which  shall  freeze 

on  the  sidewalks  and  in  the  gutters,  cause  the  same  to  be 

removed  entirely  from  off  the   sidewalks   opposite   such 

house,  building,   lot   or  land,   under  the  penalty  of  three 

dollars  for  every  such  neglect,  to  be  paid   by  the  said 

owner,  occupant  or  person  having  charge,  severally  and 

/     respectively. 

asifelof          §  16.  In  case  the  ice  or  snow  shall  be   so  congealed, 

aaad. 

that  it  cannot  be  removed  without  injury  to  the  pavement, 
the  owner,  occupant  or  person  having  charge  of  any  build- 
ing, lot  or  land  as  aforesaid,  shall,  within  the  first  four 
hours  after  every  fall  thereof,  cause  the  sidewalks  op- 


OP  THE  REMOYAL  OP  SNOW  AND  ICE.  277 

posite  his,  her  or  their  premises,  to  be  strewed  with  ashes 
01  sand,  under  the  penalty  of  one  dollar,  to  be  paid  by 
the  owner  or  occupant,  or  person  having  charge  thereof, 
severally  and  respectively. 

§  17.  It  shall  be  the  duty  of  the  Superintendent  of  Sani-  Removal 

from  cross- 

tary  Inspection  and  Street  Cleaning,  immediately  after  walks. 
every  fall  of  snow  or  hail  or  rain,  which  shall  freeze  on 
the  crosswalks  or  in  the  gutters,  forthwith  to  cause  the 
same  to  be  removed  from  the  said  crosswalks,  and  from 
out  of  the  said  gutters  to  the  breadth  of  one  foot,  in  the 
several  wards  respectively,  and  the  said  crosswalks  and 
gutters  shall  be  kept  clean  and  free  from  all  obstructions. 

§  18.  The  owners  or  occupants  of  all  houses  and  lots  Leveling 
in  the  city  of  New  York,  shall  level  the  snow  and  ice  in 
front  of  his  or  their  premises,  in  such  a  manner  as  will 
admit  of  the  convenient  passing  of  horses,  sleighs  and 
carriages,  under  the  penalty  of  one  dollar  for  every  neglect, 
to  be  recovered  from  the  owner  or  occupant,  or  person 
having  charge  thereof,  severally  and  respectively. 

§19.  In   case   the  owner,   occupant  or  person  having  TO  be  done 

0  by  authorities 

charge  of  any  house,  lot,  building  or  land,  shall  neglect  to 
comply  with  any  of  the  provisions  of  the  previous  sections 
of  this  chapter,  it  shall  be  the  duty  of  Superintendent  of 
Sanitary  Inspection  and  Street  Cleaning  to  cause  the  same 
to  be  done. 

§  20.  In  addition  to  the  penalties  imposed  by  the  pre-  in  such  case 

coat  to  be 

ceding  sections  of  this  chapter,  said  owner,  occupant  pn«i  by  own- 
or  person  having  charge  of  any  such  premises,  shall  like- 
wise pay  to  the  Superintendent  of  Sanitary  Inspection  and 
Street  Cleaning,  for  causing  the  snow  to  be  removed,  as 
provided  in  the  last  preceding  section,  the  sum  of  eighteen 
and  three  quarter  cents  for  every  twenty-five  feet  in  width, 


278  OF  THE  REMOVAL  OP  SNOW  AND  ICE. 

which  shall  have  been  cleaned  by  order  of  the  said  Super- 
intendent, and  so  in  proportion  for  any  greater  or  less 
extent;  which  said  amount  the  said  Superintendent  may 
sue  for  and  recover,  in  any  court  having  cognizance 
thereof,  in  the  name  of  the  Mayor,  Aldermen  and  Common- 
alty of  the  city  of  New  York  ;  the  same  being  first 
demanded. 

ARTICLE  III. 

OP  THE   SALE  AND    CARTAGE   OP   MANURE,   SAND  AND    DIRT. 

toab88oidlow  §  2**  ^  manure  shall  be  sold  in  the  city  of  New  York 
by  the  cart  or  wagon  load;  and  every  such  load  shall  con- 
tain fourteen  bushels,  heaped  measure. 

caning  of         §  22.  All  manure  shall   be  carted  in   close  boxes,  the 

manure. 

front  and  sides  of  which  shall  be  at  least  twenty  inches 
in  height,  and  the  tail-board  at  least  fifteen  inches  in 
height,  and  the  said  boxes  shall  be  well  secured  so  as  to 
prevent  any  part  of  the  load  from  running  out. 
Penalties.  g  23.  Every  person  who  shall  neglect  or  violate  any  of 
the  provisions  of  this  law,  shall  forfeit  and  pay  for  every 
such  offense  the  sum  of  five  dollars,  to  be  recovered  in  the 
name  of  the  Mayor,  Aldermen  and  Commonalty  of  the 
city  of  New  York,  in  any  court  having  cognizance 
thereof. 

JSmrL°rs  °f  § 24-  The  Superintendent  of  Sanitary  Inspection  and 
Street  Cleaning  may,  whenever  he  deems  the  same  neces- 
sary, employ,  not  exceeding  six  persons,  to  act  as  inspec- 
tors of  manure,  under  his  direction,  who  shall  receive  at 
the  rate  of  one  dollar  and  fifty  cents  per  day  for  every 
day  they  may  be  so  employed. 

Removal  of       §25.  No  person  or  persons,  excepting  such  as  are  em- 
manure  from 
streets.        ployed  by  the  Superintendent  of  Sanitary  Inspection  and 

Street  Cleaning,  or  the  contractor  for  street  cleaning,  shall 
take  up  or  carry  away,  or  remove  any  manure,  from  any 


ma- 


OF  THE  SALE  AND  CARTAGE  OP  MANURE,  SAND  AND  DIRT.        279 

street,  lane,  avenue,  head  of  slip,  or  public  place  or  wharf 
in  the  city  of  New  York,  under  the  penalty  of  ten  dollars 
for  each  offense. 

§  26.  No  person  shall,  at  any  time,  for  himself  or  forNotmn 

than  t 

any  other  persor,  deposit  or  keep  on  his  premises,  or  on  JJ^ 
the  premises  of  any  other   person,   manure   of  any  kind,  l'laue- 
dirt,  filth  or  sweepings,  exceeding  two  cart  loads,  at  any 
place  in  the  city  of  New  York  to  the  southward  of  Four- 
teenth street,  except  for  agricultural  or  horticultural  pur- 
poses, under  the  penalty  of  twenty-five  dollars  for  each 
offense. 

§  27.  No   manure,   filth   or  sweepings  other   than  that  Timo  of  re- 

mov' 
removed  by  authority  of  the  Superintendent  of  Sanitary  nure 

Inspection  and  Street  Cleaning,  shall  at  any  time  between 
the  first  day  of  April  and  the  last  day  of  November,  be 
carted  or  transported  to  any  wharf  to  the  southward  of 
Fourteenth  street,  in  the  city  of  New  York,  under  the 
penalty  of  ten  dollars  for  each  offense. 

§  28.  No   deposit  of  manure  for  sale  shall   be  kept  at 

*  manure  llr 

any  place  in  the  city  of  Ne  N  York,  south  of  Twenty-eighth  ^ale- 
street,  except  as  hereinafter  mentioned,  under  the  penalty 
of  twenty-five  dollars,  to  be  paid  by  the  owner  or  owners 
thereof,  or  the  occupant  of  the  lot  or  lots,  or  other  place 
in  which  such  manure  shall  be  kept,  severally  and  respec- 
tively. But  it  shall  and  may  be  lawful  for  the  Aldermen  and 
Councilmen  of  the  several  districts  to  permit,  in  writing, 
under  their  hands,  the  depositing  of  manure  m  any  lot  or 
other  place  in  said  district,  south  of  Twenty-eighth  street, 
with  the  written  consent  of  the  owner  of  the  ground,  be- 
tween the  first  day  of  November  and  the  first  day  of 
March  in  each  year,  under  such  regulations,  and  during 
such  time  as  they  may  deem  proper,  and  subject  to  be  re- 
moved at  any  time  whatever,  on  the  order  of  said  Alder- 
men and  Councilmen. 


280  OBSTRUCTING  THE  STREETS,  WHARVES,  &C. 


CHAPTER   XXIY. 

OF  OBSTRUCTING  THE  FREE   USE  OF  THE  PUBLIC   STREETS, 
WHARVES,   AND   PIERS. 


§  1>  No  Person  shaU  incumber  or  obstruct  any  street, 
wharf,  or  pier  in  the  city  of  New  York,  with  any  article 
or  thing  whatsoever,  without  having  first  obtained  written 
permission  from  the  Mayor  or  Street  Commissioner,  or  of 
the  Superintendent  of  Sanitary  Inspection  and  Street 
Cleaning,  under  the  penalty  of  five  dollars  for  each  offense, 
and  a  further  penalty  of  five  dollars  for  each  day,  or  part 
of  a  day,  such  incumbrance  or  obstruction  shall  continue. 

Cellar  doors.  §  2.  No  person  or  persons  shall  construct  or  continue 
any  cellar  door,  which  shall  extend  more  than  one  twelfth 
part  of  any  street,  nor  more  than  five  feet  into  any  street, 
under  the  penalty  of  two  hundred  and  fifty  dollars  for 
each  offense. 

§  **'  Every  entrance,  or  flight  of  steps,  projecting  be- 
yond the  line  of  the  street,  and  descending  into  any  cellar 
or  basement  story  of  any  house  or  other  building,  where 
such  entrance  or  flight  of  steps  shall  not  be  covered,  shall 
be  inclosed  with  a  railing  on  each  side  permanently  put 
up,  from  three  to  three  and  a  half  feet  high,  with  a  gate 
to  open  inwardly,  or  with  two  iron  chains  across  the  front 
of  the  entrance  way,  one  near  the  top  and  one  in  the 
centre  of  the  railing,  to  be  closed  during  the  night,  unless 
there  be  a  burning  light  over  the  steps,  to  prevent  acci- 
dents, under  the  penalty  of  twenty  dollars  for  every  of- 
fense, to  be  recovered  from  the  owner,  assigns,  or  lessee 
thereof,  severally  and  respectively. 


OBSTRUCTING   STREETS,   WHARVES,  &C.  281 

§  4.  Tliis  ordinance  shall  not  apply  to  buildings  already  Exception. 
erected  before  the  twenty-fifth  of  March,  one  thousand 
eight  hundred  and  thirty- four,  until  the  owners  and  occu- 
pants thereof  shall  receive  twenty  days7  notice,  from  the 
Street  Commissioner,  directing  such  railing,  with  gate  or 
chain  to  be  put  up  in  manner  aforesaid. 

§  5.  The  owner  of  any  such  building  shall  not  be  liable  Ibid- 
for  the  said  penalty,  for  not  keeping  any  such  gate  closed, 
or  chains  fastened  across  the  front  of  such  entrance  or 
flight  of  steps,  when  not  the  actual  occupant  thereof,  any 
thing  to  the  contrary,  in  this  chapter  contained  notwith- 
standing. 

§  6.  No  person  or  persons  shall  construct  or  continue  windows, 
any  bay-window  or  other  window,  which  shall  extend  into 
any  street  more  than  one  foot  from  the  wall  of  any  house 
or  other  building,  under  the  penalty  of  two  hundred  and 
fifty  dollars  for  each  offense,  to  be  paid  by  the  owner  or 
owners  thereof,  or  the  person  or  persons  who  constructed 
the  same  severally  and  respectively. 

§  7.  No  person    or   persons    shall  hereafter    construct  Cellar  porch, 
any  porch  over  a  cellar  door,  under  the  penalty  of  two 
hundred  and  fifty  dollars. 

§  8.  No   person   or   persons  shall  construct  or  continue  stoops,  piat- 
any  platform,  stoop  or  step,  in  any  street  in   the  city   of  ° 
New  York,  which   shall  extend  more  than  one  tenth  part 
of  the  width  of  the  street,  nor  more  -than  seven  feet,  nor 
with  any   other  than   open  backs  or  sides,  or  railing;  nor 
of  greater  width   than  is   necessary  for  the  purpose  of  a 
convenient  passage-way   into   the  house  or   building;  nor 
any  stoop  or  step  which   shall   exceed  five  feet  in  height; 
under  the  penalty  of  two  hundred  and  fifty  dollars. 
19 


282  OBSTRUCTING   STREETS,  WHARVES.  &C. 

Exception.  §  9.  Nothing  contained  in  the  preceding  sections  of 
this  chapter,  shall  be  deemed  to  prohibit  the  continuation  of 
any  porches,  doors,  stoops,  platforms  or  steps,  which  were 
heretofore  erected,  unless  the  same  shall  be  complained  of 
to  the  Street  Commissioner,  and  he  shall  have  directed 
their  removal  or  alteration  within  a  reasonable  time. 

Balustrades.          n   i  /\       i  -n  -11  r,  ,11 

§  10.  All  persons  who  wish  hereafter  to  erect  balus- 
trades projecting  beyond  the  street  line,  shall  first  obtain 
a  written  permit  from  the  Street  Commissioner. 

§  11.  No  balustrade  shall  hereafter  be  erected,  excepting 
from  the  second  story  of  any  house,  nor  shall  it  project 
more  than  one  twentieth  of  the  width  of  the  street  wherein 
it  may  be  erected,  nor  more  than  three  feet  in  any  case 
whatever. 

ibid.  g  12.  None  but  iron  braces  and  railings  shall  be  used 

for  balustrades;  the  strength  and  firmness  shall  be  tested 
by  the  Street  Commissioner;  and  in  case  he  object  to  the 
strength  of  the  same,  it  shall  be  made  as  he  shall  direct, 
or  removed,  under  penalty  of  five  dollars  per  day. 

posts  §  13.  No  post  shall  be  erected  or  put  up  in  any  of  the 

streets,  roads,  lanes  or  highways  in  the  city  of  New  York, 
unless  under  the  direction  of  the  Street  Commissioner, 
under  the  penalty  of  five  dollars  for  every  such  post, 

Awning  posts  §14.  No  person  shall  place  or  fix,  or  continue  in  any 
street  in  this  city,  any  awning  post  or  railing,  or  any  cloth 
or  canvas  for  an  awning,  unless  under  the  direction  of 
the  Street  Commissioner,  and  made  conformably  to  the 
next  section  of  this  chapter,  under  the  penalty  of  ten  dol- 
lars for  each  offense. 

ibia.  §  15.  All   posts  fixed  in  any  street  for  the  purpose  of 

supporting  any  awning,  shall   not  exceed  nine  inches  in 


OBSTRUCTING   STREETS,   WHARVES,  &C.  283 

diameter,  and  the  rail  crossing  the  same  shall  not  exceed 
seven  inches  in  width  or  height,  and  four  inches  in  thick- 
ness; the  said  posts  shall  be  placed  next  to  and  along  the 
inside  of  the  curb  stone,  and  the  upper  side  of  the  rail, 
which  is  intended  to  support  the  awning,  shall  not  be  less 
than  eight  feet  nor  over  ten  feet  in  height  above  the  side- 
walk, and  the  cross-rail  shall  be  strongly  mortised  through 
the  upright  posts. 

§  16.  It  shall  be  the  duty  of  the  said  Street  Commis-  Awning  posts 
sioner  to  order  and  direct  any  awning  post  which  is 
erected  or  continued  in  any  street  in  the  city  of  New  York 
contrary  to  the  last  above  section,  to  be  forthwith  re- 
moved; and  any  person  who  shall  neglect  or  refuse  to 
comply  with  such  direction  and  order,  shall  forfeit  and 
pay  for  every  such  offense  the  sum  of  ten  dollars. 

§  17.  The  owners  or  occupants  of  property  in  any  street  iwd. 
of  this  city,  exceeding  the  width  of  forty  feet,  and  from 
which  the  wooden  awning  posts  have  been  or  may  here- 
after be  directed  to  be  removed,  shall  be,  and  they  are 
hereby  permitted  to  erect  in  front  of  their  respective 
buildings  thereon,  iron  posts,  and  none  others,  for  the 
support  of  awnings,  with  an  iron  cross-rail,  which  shall  be 
nine  feet  and  no  more,  from  the  curb  stone  to  the  top  of 
said  rail;  said  posts  shall  be  placed  eight  inches  within 
the  outer  side  of  the  curb  stone,  and  shall  conform  in  all 
respects  to  a  pattern  or  model  now  deposited  in  the  office 
of  the  Street  Commissioner. 

§  18.  Such  iron  posts,  as  well  as  those  which  may  be  n>id. 
at  the  time  of  the  passage  of  this  ordinance  erected  in  any 
street  of  this  city,  shall  be  well  and  securely  braced  from 
the  building  with  wrought  iron  rails  or  rods,  at  least  one 
inch  in  diameter,  in  the  proportion  of  one  brace  for  each 
post. 


284  OBSTRUCTING   STREETS,  WHARVES,  &C. 

Awning  posts  §  19.  The  owners  or  occupants  of  property  in  any 
street  not  exceeding  the  width  of  forty  feet,  shall  be,  and 
they  are  hereby  permitted  to  construct  from  their  respec- 
tive buildings  thereon,  wrought  iron  brackets  for  the  sup- 
port of  awnings ;  which  said  brackets  shall  be  firmly 
secured  to  the  building,  and  project  on  a  line  with  the  inner 
side  of  the  curb  stone,  and  shall  be  eight  feet  and  six 
inches,  and  no  more  in  height,  from  the  curb  stone  to  the 
top  of  the  outer  cross-rail. 

iwd.  §  20.  It  shall  be  the  duty  of  the  Street  Commissioner 

to  order  and  direct  the  removal  forthwith,  of  all  iron 
awning  posts  and  brackets  which  are  now,  or  may  be 
hereafter  erected,  constructed,  or  continued  in  any  street 
of  this  city,  contrary  to  the  preceding  provisions  of  these 
ordinances,  and  any  person  who  shall  neglect  or  refuse  to 
comply  with  such  direction  or  order,  shall  forfeit  and  pay 
for  every  such  offense,  the  sum  of  five  dollars. 

§  21.  The  preceding  sections  relating  to  awnings  and 
awning  posts,  shall  not  apply  where  the  erection  of  iron 
awning  posts  and  brackets  are  permitted  by  these  ordi- 
nances. 

Awnings.  g  22.  No  portion  or  part  of  any  cloth  or  canvas  used 
as  an  awning,  shall  hang  loosely  down  from  the  same, 
over  the  sidewalk  or  foot-path,  under  the  penalty  of  five 
dollars  for  each  day's  offense. 

Removal  of  §  23.  The  Street  Commissioner  is  hereby  authorized, 
s'  whenever  he  shall  deem  it  proper,  to  order  any  step-stone 
used  for  entering  carriages,  any  railing  or  fence,  any  sign, 
sign-post,  or  other  post,  any  area,  bay-window,  or 
other  window,  porch,  cellar,  door,  platform,  stoop  or 
step,  or  any  other  thing  which  may  incumber  or  obstruct 
any  street,  to  be  altered  or  removed  therefrom,  within 
such  time  as  shall  be  limited  by  the  said  Commissioner. 


OBSTRUCTING   STREETS,  WHARVES,  &C.  285 

\ 

§  24.  The  order  or  direction,  mentioned  in  the  last  pre-  Removal    of 

Obstructions. 

ceding  section,  shall  be  in  writing,  and  shall  be  served 
personally,  or  by  leaving  it  at  the  house  or  place  of  busi- 
ness of  the  owner,  occupant  or  person  having  charge  of 
the  house  or  lot  in  front  of  which  such  step-stone  or  other 
incumbrance  or  obstruction  may  be;  or  by  posting  the 
said  nodce  or  order  upon  such  step-stone  or  other  incum- 
brance or  obstruction. 

§  25.  If  any  owner,  occupant,  or  person  having  charge  n»d. 
of  any  such  house  or  lot  in  the  city  of  New  York,  shall 
refuse  or  neglect  to  obey  or  comply  with  such  notice  or 
order,  he,  she  or  they  shall  forfeit  and  pay  the  sum  of  ten 
dollars;  and  the  further  sum  of  five  dollars  for  each  and 
every  day,  from  and  after  the  time  limited  and  appointed 
in  said  order,  until  the  same  shall  have  been  complied 
with. 

§  26,  No  goods,  wares,  merchandise  or  manufactures  of  Brides. bal~ 
any  description,  shall  be  placed  or  exposed  to  show  or  for 
sale,  upon  any  balustrade,  that  now  is,  or  hereafter  may 
be  erected  in  this  city,  under  the  penalty  of  ten  dollars 
for  each  offense. 

§27.  No  person  shall  hang  or  place  any  goods,  wares  Hanging 

J    e  goods  in  front 

or  merchandise,  or  any  other  thing,  at  any  greater  distance  of  premises, 
than  twelve  inches  in  front  of  his,  her  or  their  house  or 
store,  or  other  building,  under  the  penalty  of  five  dollars 
for  each  offense. 

§  28.  No  person  shall  place,  hang  or  suspend  at  an7  ^fj 
greater  distance  than  twelve  inches  in  front  of,  and  from  boards- 
the  wall  of  any  house  or  store,  or  other  building,  any  sign, 
showbill,  or  snowboard,  under  the  penalty  of  ten  dollars, 
for  each  offense. 

§  29.  The  said  Street  Commissioner,  with  the  assent  of  Trees, 
the  Alderman  and  Councilmen  of  any  district  of  a  ward  in 


286  OBSTRUCTING    STREETS,  WHARVES,  &C. 

which  any  tree  may  be  standing,  may  cause  the  same  to  be 
cut  down  and  removed  from  the  street,  and  shall  cause  so 
much  of  the  sidewalk  or  carriage-way  as  may  be  injured 
by  the  removal  of  such  tree,  to  be  properly  repaired. 

§  30.  No  person  shall  plant,  or  suffer  or  permit  any  tree 
or  shoot  to  be  planted,  in  any  street  in  the  city  of  New 
York,  under  the  penalty  of  fifteen  dollars  for  every  such 
offense. 

§  31.  The  last  preceding  section  of  this  chapter  shall  not 
be  construed,  to  prevent  the  planting  of  trees  in  any  street 
which  is  of  the  width  of  forty  feet  and  upwards,  provided 
the  same  be  planted  upon  the  sidewalk  or  foot-path,  and 
within  twelve  inches  of  the  curb  stone. 

H>id.  §  32.  No  person  shall  cut  down,  destroy,  or  in  any  way 

injure  any  tree  or  shoot,  standing  in  any  street  or  public 
place  in  the  city  of  New  York,  under  the  penalty  of  fifty 
dollars  for  each  offense. 

goaodsngout-  §  33-  No  person  or  persons  in  the  city  of  New  York, 
wdeof  i  a-  ^gthgj,  agent,  owner  or  employer,  shall  suffer  or  permit 
any  cask,  bale,  bundle,  box,  crate  or  any  other  goods, 
wares  or  merchandise,  or  any  boards,  planks,  joists  or 
other  timber,  or  any  thing  whatsoever,  to  be  raised  from 
any  street  on  the  outside  of  any  building,  into  any  loft, 
store  or  room;  or  to  be  lowered  from  the  same,  on  the  out- 
side of  any  building  by  means  of  any  rope,  pulley,  tackle 
or  windlass,  under  the  penalty  of  twenty-five  dollars,  to 
be  recovered  by  an  action  of  debt  from  such  person,  agent, 
owner  or  employer. 

obstructing  §  34.  N0  person  shall  lead,  drive  or  ride  any  horse,  or 
drag  any  wheel  or  hand-barrow,  or  saw  any  wood,  or  lay 
or  place  any  wood,  coal  or  other  thing,  or  any  goods, 
wares  or  merchandise,  or  any  other  article  whatsoever, 


OBSTRUCTING   STREETS,  WHARVES,  &C.  287 

upon  any  foot-path  or  sidewalk,  under  the  penalty  of  five 
dollars  for  each  offense. 

§  35.  No  person  shall  drive,  or  back,  or  lead  any  horse  Horses,carta, 
or  cart,  or  other  wheel  carriage,  on  the  foot-path  or  side-  side  -walks.  _ 
walk  of  any  street,  under  the  penalty  of  five  dollars  for 
each  offense. 

§  36.  No  owner  or  occupant  of  any  store  or  house  shall Ibid- 
permit  or  suffer  any  cart  or  other  wheel  carriage,  to  be 
driven,  or  otherwise  to  pass,  or  go  over  or  upon  the  foot- 
path or  sidewalk  opposite  to  such  house  or  store,  for  the 
purpose  of  loading  or  unloading  such  cart  or  other  wheel 
carriage,  or  for  any  other  purpose  whatever,  under  the 
penalty  of  five  dollars  for  each  offense. 

§  37.  If  any   cartman  or  other  person  shall  break   or  Injuring  side- 
walks 

otherwise  injure  any  foot-path  or  sidewalk,  he  or  they 
shall,  within  twenty-four  hours  thereafter,  cause  the  same 
to  be  well  and  sufficiently  repaired  and  amended,  under 
the  penalty  of  ten  dollars. 

§  38.  No  person  shall  obstruct  the  walks  laid  across  the  cross-walks 

and  heads  of 

public  streets,  or  at  the  head  of  the  public  slips  in  the  sliP3-< 
city  of  New  York,  by  placing  or  stopping  his  horse,  cart 
or  other  carriage,  upon  or  across  any  of  the  said  walks,  or 
by  placing  or  putting  any  other  obstruction  or  thing  across 
or  on  the  same,  under  the  penalty  of  five  dollars  for  each 
offense. 

§39.  No  person,   without  permission  of  the   Common  carrying  dirt 

r  &c.,  from  the 

Council,  shall  take  up,  remove,  or  carry  away,  or  cause  or  streets, 
permit  to  be  taken  up,  removed  or  carried  away,  any  turf, 
stone,  sand,  clay  or  earth  from  any  street,  public  place,  or 
highway  in  the  city  of  New  York,  under  the  penalty  of 
twenty-five  dollars  for  each  offense. 

§  40.  No  person  shall  remove,  or  cause  or  permit  to  be  Moving  t>uir 
removed,  or  shall  aid  or  assist  in  removing  any  building 


288  OBSTRUCTING   STREETS,    WHARVES,  &C. 

into,  along  or  across  any  street,  lane  or  alley,  or  public 
place  in  the  city  of  New  York,  to  the  southward  of  Four- 
teenth street,  under  the  penalty  of  two  hundred  and  fifty 
dollars  for  every  such  offense. 

Payments.  §  ^1.  No  pavement  in  any  street  in  the  city  of  New 
York,  which  has  been  accepted  by  the  Corporation  to  be 
kept  in  repair  at  the  public  expense,  shall  hereafter  be 
taken  up,  or  the  paving-stones  removed  therefrom,  for  any 
purpose  whatever,  without  the  authority  of  the  Common 
Council,  or  the  written  permission  of  the  Croton  Aqueduct 
Board,  under  the  penalty  of  two  hundred  and  fifty  dollars 
for  every  such  offense. 

Dumping          §  42.  No    person,  without  permission  of  the    Common 

earth,  &c.,  in 

the  streets.  Council,  shall  dump  or  deposit  any  earth,  dirt,  rubbish  or 
other  article,  (except  for  the  purposes  of  building,)  in  any 
street,  either  upon  the  cartway,  or  sidewalks,  or  any  pub- 
lic place,  under  the  penalty  of  ten  dollars  for  every  of- 
fense, and  if  the  same  shall  be  dumped  or  deposited  by  a 
dirt  cart,  the  owner  or  driver  thereof  shall  also  be  liable 
to  be  punished  for  misdemeanor,  pursuant  to  the  provisions 
of  the  act  of  the  Legislature,  entitled  "  An  act  relative  to 
the  powers  of  the  Common  Council  of  the  city  of  New 
York,  and  the  Police  and  Criminal  Courts  of  the  said 
city,"  passed  January  23d,  1833. 


OP  THE  PUBLIC  PLACES  AND  GROUNDS.  289 


CHAPTER  XXV. 

OF  THE  PUBLIC  PLACES  AND  GROUNDS. 

§  1 .  No  person  shall  play  at  ball,  quoits  or  any  other 
sport  or  play  whatsoever,  in  any  public  place  in  the  city 
of  New  York,  nor  throw  stones,  nor  run  foot  races  in  or 
over  or  upon  the  same,  under  the  penalty  of  five  dollars 
for  each  offense. 

§  2.  No  person  shall  walk,  stand  or  lie  upon  any  part  Grass  and 

Shrubbery. 

of  the  Park,  Battery,  or  any  other  public  square  or  place 
which  is  laid  out  and  appropriated  for  grass  or  shrubbery, 
under  the  penalty  of  five  dollars  for  each  offense. 

§  3.  No  person  shall  pull  up,  break  down,  trample  upon  Trees,  grass, 
or  injure  any  of  the  trees,  grass  or  shrubbery  in  any  such 
public  square  or  place,  under  the  penalty  of  five  dollars 
for  each  offense. 

§  4.  The  persons  exercising  the  duties  of  keepers  of  the  Enforcement, 
public  places  shall  see  that  the  foregoing  provisions  are 
observed. 

§  5.  The  said  persons  so  exercising  the  office  of  keepers,  swme  &  cat- 
are  hereby  particularly  enjoined  to  have  removed  to  the 
public  pound,  all  swine  and  neat  cattle  which  are  found 
within  the  public  places  and  grounds,  and  to  report  to  the 
Attorney  of  the  Board  all  violations  of  this  law. 

§  6.  No  carriage-horse,  or  cart  shall  be  allowed  to  enter  vehicles  in 
the  Park,  but  those  having  business  with  some  officer  loca- 
ted therein. 

§  7.  No  person   shall    deposit,  or    cart   manure  of  any  Battery, 
kind,  dirt,  filth,  sweepings  of  streets  or  rubbish,  upon  that 


290  OP  THE  PUBLIC  PLACES  AND  GROUNDS. 

portion  of  the  city  known  as  the  Battery,  or  upon  the  Bat- 
tery enlargement,  under  the  penalty  of  twenty -five  dollars 
for  each  offense,  to  be  recovered  from  the  owner  of  any 
boat,  cart  or  other  vehicle,  or  the  person  having  charge  of 
the  same,  severally  and  respectively. 

§  8.  The  Mayor  of  the  city  is  hereby  authorized  to  en- 
force the  provisions  of  the  last  section,  until  a  sea  wall  is 
built  around  the  Battery  enlargement. 

penalties.  §  9.  The  Corporation  Attorney  is  hereby  authorized  and 
directed  to  prosecute  for  the  penalty,  all  complaints  for 
any  violation  of  section  7  of  this  chapter. 


OP   LEASING  THE   PUBLIC    WHARVES.  291 


CHAPTER  XXYI. 

OF  VESSTiLS,  WHAKVES,  PIEES  AND  SLIPS. 

ARTICLE  I. — OF  LEASING  THE  PUBLIC  DOCKS,  WHARVES, 

PIERS  AND  SLIPS. 
II. — OF  THE  LAYING  OF  VESSELS  AT  THE  WHARVES, 

AND  REGULATIONS  OF  VESSELS. 
III. — OF  THE  RATES  OF  WHARFAGE. 
IV. — OF  INCUMBERING  THE  SLIPS. 
V. — OF  THE  RINGING  OF  BOAT  BELLS. 
VI. — OF  THE  LUMBER  DOCK. 

ARTICLE  I. 

OF  LEASING  THE   PUBLIC   DOCKS,    WHARVES,  PIERS  AND    SLIPS. 

§  1.  The  several  docks,  wharves,  piers  and  slips  belong-  Leasing 

5    Wharves,&c. 

ing  to  the  Corporation,  and  not  now  leased  by  private 
contract,  shall,  from  time  to  time,  be  leased  singly,  at  pub- 
lic auction,  in  the  most  advantageous  manner,  to  the 
highest  bidder,  by  the  Comptroller,  such  leases  to  be  for 
a  term  of  not  less  than  one,  nor  more  than  ten  years,  sub- 
ject to  the  reservation  or  exception  of  small  boats,  con- 
tained and  mentioned  in  the  next  section  of  this  chapter, 
and  also  subject  to  the  usual  covenants  contained  in  the 
leases  of  the  said  public  docks,  wharves,  piers  and  slips, 
and  such  other  stipulations  as  the  Comptroller  may  deem 
expedient ;  and  such  leases  shall  be  made  in  accordance 
with  the  provisions  of  the  act  of  the  Legislature,  entitled 
"  An  act  further  to  amend  the  charter  of  the  city  of  New 
York,"  passed  April  14,  1857. 

§  2.  The  rates  of  fees  of  wharfage  on  vessels  of  not  Leasing 
more  than  five  tons  burden,  accruing  in  all  or  any  of  the  smaii  bftta. 


Report  of  vi- 
olations. 


292  OF   THE   LAYING   OF  VESSELS  AT   WHARVES,  &C. 

docks,  wharves,  piers  or  slips  within  this  city  which  by 
law  they  may  use,  belonging  to  the  Corporation,  shall 
hereafter  be  separately  leased,  and  be  known  as  the  Small 
Boat  District;  and  the  necessary  reservation  or  exception 
of  such  small  boats  shall  be  made  in  the  other  leases  of 
the  docks  and  slips. 

3.  It  shall  be  the  duty  of  the  lessee  or  lessees  of  the 
public  wharves,  piers  and  slips,  for  the  time  being,  to 
report  to  the  Attorney  of  the  Corporation,  the  names  of 
all  persons  who  shall  violate  any  of  the  provisions  of  this 
chapter. 

ARTICLE  II. 

OF  THE  LAYING  OF  VESSELS  AT  THE  WHARVES,  AND  THE  REGU- 
LATIONS OF  VESSELS. 

§  4.  The  Superintendent  of  Wharves  of  the  city  of  New 
York,  shall  and  may  order  any  vessel,  steamboat  or  small 
craft)  to  remove  from  the  berths  assigned  and  reserved  for 
the  manure  boats  in  the  public  slips;  and  any  person  who 
has  the  charge  of  any  vessel,  steamboat  or  small  craft, 
who  shall  neglect  or  refuse  to  obey  the  order  of  the  said 
Superintendent  in  the  premises,  shall  forfeit  and  pay  for 
every  such  offense  the  sum  of  fifty  dollars. 

sea  vessel*.  §  5.  If  any  description  of  sea  vessel  shall  come  into  or 
lay  at  or  within  any  of  the  said  docks,  wharves,  piers  or 
slips,  or  if  any  coasting  vessel,  above  the  burden  of  one 
hundred  and  fifty  tons,  shall  come  into  or  lay  within  the 
same,  excepting  the  Old  and  Coffee-house  slips,  unless  by 
special  permission  in  writing,  obtained  therefor  from  the 
Mayor  or  Superintendent  of  Wharves,  agreeably  to  the 
provisions  of  this  chapter,  the  owner,  master  or  person  hav- 
ing charge  of  the  same,  shall  forfeit  and  pay  for  every 
such  offense  the  sum  of  ten  dollars,  and  the  additional  sum 


Laying  of 
Vessels. 


OF   THE  LAYING   OF    VESSELS   AT   WHARVES,  &C.  293 

of  ten  dollars  for  every  twenty-four  hours  any  such  vessel 
shall  lay  at  or  within  the  same. 

§6.  If  any  coasting  vessel  above  the  burden  of  one  ^stiDg  ves~ 
hundred  tons  shall  come  into  or  lay  at  or  within  any  of 
the  public  docks,  wharves,  piers  or  slips,  situate  on  the 
East  river,  excepting  the  Old  and  Coffee-house  slips,  un- 
less by  special  permission  in  writing,  obtained  therefor 
from  the  Mayor,  or  Superintendent  of  Wharves,  the  owner, 
master  or  person  having  charge  of  the  same,  shall  forfeit 
and  pay  for  every  such  offense  the  sum  of  ten  dollars  for 
every  twenty-four  hours  any  such  vessel  shall  lay  at  or 
within  the  same. 

§  7.  The  last  preceding  section  of  this  chapter  shall  not  IM*. 
be  construed  to  prevent  all  or  any  coasting  vessel  belong- 
ing to  this  State,  and  navigating  the  Hudson  river,  from 
coming  into  and  laying  at  and  within  any  of  the  public 
wharves,  docks,  piers  and  slips  of  this  city,  in  like  manner 
as  if  they  were  under  the  burden  of  one  hundred  tons. 

§  8.  If  any  steamboat,  safety-barge,  tow  boat  or  freight  steamboats, 
boat,  connected  with  any  steamboat  establishment  shall 
come  into  or  lay  at  or  within  any  of  the  public  docks, 
wharves,  piers  or  slips  aforesaid,  or  shall  occupy  the  water 
belonging  to  any  such  public  dock,  wharf,  pier  or  slip,  un- 
less by  special  permission,  in  writing,  obtained  therefor 
from  the  Mayor,  or  Superintendent  of  Wharves,  the  owner 
or  owners,  master,  agent  or  person  having  charge  of  the 
same,  shall  forfeit  and  pay  for  every  such*  offense  the  sum 
of  twenty-five  dollars,  and  the  additional  sum  ot  twenty- 
five  dollars  for  every  twenty-four  hours  any  such  vessel 
shall  lay  at  or  within  the  same. 

§9.  The   private  wharves   and  piers   fronting   on  •  and  steamboats, 
adjacent  to  the  slip  lying  between  the  foot  of  Cortlandt 
street  and  the  foot  of  Liberty  street,  on  the  North  river, 


294  OF   THE  LAYING   OF   VESSELS   AT   WHARVES,  &C. 

are  hereby  designated  and  appropriated  for  the  exclusive 
use  of  steamboats. 

vSSal°f'  §  10-  If tne  master,  owner,  or  person  having  charge  of 
any  vessel  or  small  craft,  which  shall  lay  in  any  of  the 
aforesaid  public  slips,  shall  not  remove  the  same  out  of 
such  slip,  or  from  one  part  of  such  slip  to  another  part 
thereof,  as  may  be  directed,  by  the  expiration  of  the  time 
within  which  he,  or  any  seaman,  mariner  or  person  em- 
ployed on  board,  may  be  so  ordered  to  remove  such  vessel 
or  small  craft,  either  by  the  Mayor  or  Superintendent  of 
Wharves,  every  such  owner  or  master  of  such  vessel  or 
small  craft  shall  respectively  forfeit  and  pay  for  every  such 
offense  the  sum  of  twenty-five  dollars. 

SyiSft&c.or  §11-  Either  of  the  persons  mentioned  in  the  preceding 
sections  of  this  chapter,  may  give  such  order  and  direc- 
tions, from  time  to  time,  to  the  owner,  master  or  person 
having  charge  of  any  sloop,  boat  or  other  vessel  whatsoever, 
laying  at  or  within  any  of  the  said  public  wharves,  docks, 
piers  or  slips,  or  to  any  seaman,  mariner  or  person  employ- 
ed on  board,  as  they  shall  respectively  think  just  and  pro- 
per, touching  the  laying,  fastening  and  berth  of  any  such 
sloop,  boat  or  other  vessel  whatsoever. 

Penalty.  g  j2.  jror  every  neglect  or  refusal  to  comply  with  any 

such  order  and  direction,  mentioned  in  the  last  preceding 
section  of  this  chapter,  the  owner,  master  or  person  having 
charge  of  any  such  sloop,  boat  or  other  vessel,  shall  forfeit 
and  pay  the  sum  of  twenty-five  dollars. 

Ferry  slips,       §  13.  If  any  boat  or  vessel  of  any  description  whatso- 

and  obstruct-  „  .  in  .     ,  -,  i 

ing  Ferry  ever,  excepting  ferry  boats,  shall  come  into  and  lay  in  any 
slip  used  and  appropriated  for  a  ferry,  without  permission 
of  the  Mayor,  or  Superintendent  of  Wharves,  or  shall  lay 
at  any  dock  or  wharf,  so  as  to  incommode  the  going  into  or 


OP   THE   LAYING  OF   VESSELS   AT   WHARVES,  &C.  295 

coming  out,  or  the  turning  of  any  ferry  boat;  or  if  any 
vessel,  in  hauling  up  or  dropping  down  before  either  of 
the  slips  in  which'  any  ferry  is  kept,  shall  not  drop  its 
fast  or  anchor  on  the  approach  of  any  ferry  boat,  so  as  not 
to  incommode  or  obstruct  the  same,  the  master,  owner  or 
person  having  charge  of  such  boat  or  other  vessel,  shall 
forfeit  and  pay,  for  every  such  offense,  the  sum  of  ten  dol- 
lars. 

§  14.  No  ship  or  other  vessel  shall  lay  at  anchor  in  the  K^1^ 
East  river,  within  a  distance  of  sixty  yards  from  a  direct Eastnver- 
line  between  the  landing  places  of  either  of  the  public 
ferries  across  the  said  river,  under  the  penalty  of  twenty- 
five   dollars   for   each  offense,  to   be  paid  by  the  master, 
owner,   or   other  person  having  charge  of  such  ship  or 
vessel. 

§  15.  No  person  shall  bring  any  vessel  or  vessels  what-  spring  street 
soever,  excepting  market  boats,  and  other  small  boats, 
within  the  slip  belonging  to  the  Corporation,  at  the  foot 
of  Spring  street,  under  the  penalty  of  five  dollars  for 
every  such  offense,  to  be  paid  by  the  owner  or  owners, 
master  or  persons  having  charge  thereof. 

§  16.  If  any  vessel,  excepting  such  as  shall  belong  solely  Pecksiip. 
to  persons  residing  in  the  States  of  New  Jersey,  Connecti- 
cut and  New  York,  or  either  of  those  States,  and  trading 
to  and  from  either  of  the  said  States  and  this  city,  shall  be 
brought  into  or  shall  lay  at  or  within  Peck  slip,  the  owner, 
master  or  person  having  charge  of  any  such  vessel  shall 
forfeit  and  pay  for  every  such  offense,  the  sum  of  ten  dol- 
lars. 

§  17.  If  any  vessel  or  small  craft  shall  be  brought  into  Antics  *KV- 
or  shall  lay  at  or  within  Coenties  slip,  the  owner,  master 
or  person  having  charge  of  any  such  vessel  or  small  craft. 


296  OF   THE   LAYING  OP   VESSELS    AT   WHARVES,  &C. 

shall  forfeit  and  pay  for  every  such  offense  the  sum  of 
twenty-five  dollars,  and  the  further  sum  of  ten  dollars  for 
every  twenty-four  hours  the  same  shall  lay  at  or  within 
the  said  slip. 

coenties  slip.  §  18>  The  lagfc  preceding  section  of  t]lis  ciiapter  shall  not 
be  construed  to  apply  to  vessels  or  small  craft  belonging 
solely  to  persons  residing  either  in  the  State  of  New  York, 
New  Jersey  or  Connecticut,  and  which  trade  to  and  from 
either  of  the  said  States  and  this  city. 

ketsi!p.ma  §  19.  No  person  shall  bring  any  vessel  or  vessels  what- 
ever, excepting  market  boats,  periaugers,  canoes  or  small 
craft,  within  the  bulkhead  and  piers  of  the  Corpora- 
tion slips  in  front  of  Fulton  market,  under  the  penalty  of 
ten  dollars  for  each  offense,  to  be  recovered  from  the 
owner  or  owners,  or  person  or  persons  having  charge 
thereof,  severally  and  respectively. 

§20.  All  market  boats,  periaugers  and  canoes,  or 
other  small  craft,  of  not  more  than  the  burden  of  five 
tons,  coming  to  the  bulkhead  and  piers  mentioned  in  the 
last  preceding  section,  shall  have  the  owner's  name  painted 
at  full  length,  in  legible  letters,  in  a  conspicuous  place  on 
the  inside  of  the  stern,  under  the  penalty  of  ten  dollars, 
to  be  paid  by  the  owner,  master,  or  person  having  charge 
of  the  same,  severally  and  respectively. 

Market  boats      §  21.  All   market  boats,  periaugers   and  canoes,  of  not 

Periaugers  &         * 

canoes.  more  than  the  burden  of  five  tons,  coming  to  any  of  the 
said  public  docks,  wharves,  piers  or  slips,  shall  ghave  the 
owner  or  owners'  name  or  names  painted  at  full  length,  in 
legible  letters,  on  the  inside  of  the  stern,  under  the  penalty 
of  ten  dollars  for  each  offense,  to  be  paid  by  the  owner, 
master  or  person  having  charge  of  the  same. 

siip  between      A  22.  The  basin  or  slip  fronting  to  West  street,  on  the 

Amos  and  •*  *• 

Hudson  river,  and  laying  between  A.mos  street  and  Charles 


OP  THE  RATES   OP  WHARFAGE.  297 

street,  is  hereby  appropriated   and  set  apart  exclusively 
for  the  use  of  boats  bringing  hay  to  the  city. 

ARTICLE  III. 

OP   THE   RATES   OF   WHARFAGE. 

§  23.  The  master,  owner,  or  person  having  charge  of  Rates  of 
any  ship  or  vessel,  or  small  craft  whatever,  using  or  com- 
ing to  lay  with  such  ships  or  vessels,  at  or  within  any  of 
the  docks,  wharves,  piers  or  slips  within  the  city  of  New 
York,  belonging  to  the  said  Corporation,  if  such  vessel 
be  of  not  more  than  five  tons  burthen,  shall  pay  to  the 
lessee  for  the  time  being,  of  the  small  boat  district,  the 
like  rate  of  fees  of  wharfage  for  so  laying  or  using,  as 
now  are  or  hereafter  may  be,  established  and  allowed  by 
the  Legislature  of  the  people  of  the  State  of  New  York, 
to  be  taken  and  removed  by  the  proprietors  of  private 
wharves  in  said  city. 

§  24.  If  any  such  vessel,  as  mentioned  in  the  preceding  sec-  ibid. 
tion  of  this  chapter,  be  of  more  than  five  tons  burthen,  such 
owner  or  person  having  charge  thereof,  shall  pay  to  the 
lessee  or  lessees  for  the  time  being,  of  the  dock,  wharf, 
pier  or  slip,  at  or  within  which  such  slip  or  vessel  shall  lay, 
the  like  rate  or  fees  of  wharfage,  as  now  are  or  here- 
after may  be  established  and  allowed  by  the  Legislature 
of  the  people  of  the  State  of  New  York,  to  be  taken  and 
received  by  the  proprietors  of  private  wharves  in  the  said 
city. 

§  25.  The  preceding  sections  of  this  article  shall  be  so  ibid, 
construed,  that  for  all  vessels  of  not  more  than  five  tons 
burthen,  there  may  be  paid  as  aforesaid,  in  case  the  owner 
or  master  shall  elect  so  to  do,  on  their  coming  to  lay  at 
any  of  the  said  docks,  wharves,  piers  or  slips,  after  the 
20 


298  OF   THE   RATES   OF   WHARFAGE. 

first,  day  of  May  inclusive  in  every  year,  the  sum  of  two 
dollars  and  fifty  cents,  for  the  use  of  all  the  Corporation, 
docks,  wharves,  piers  and  slips,  within  the  said  city  which 
by  law  they  may  use,  for  the  year  ending  on  the  last  day 
of  April  ensuing;  which  sum  shall  be  paid  to  the  lessee 
of  the  small  boat  district,  and  shall  exonerate  such  vessel 
from  all  other  fees  of  wharfage  for  the  year  then  current, 

whSSfge.  §  26-  The  preceding  sections  of  this  article  shall  also  be 
so  construed,  that  for  all  vessels  of  more  than  five  tons 
burthen,  and  under  twenty  tons  burthen,  there  shall  be  paid 
only  thirty  cents  per  day,  subject  to  abatement  or  half 
wharfage,  according  to  the  provisions  of  the  laws  of  this 
State,  when  not  having  dock  berths. 

bw  §  27.  If  the  master,  owner,  or  person  having  charge  of 

any  such  ship  or  vessel,  coming  to  lay  with  such  ship  or 
vessel,  at  or  within  any  of  the  said  docks,  wharves,  piers 
or  slips,  on  or  after  the  said  first  day  of  May,  as  men- 
tioned in  the  25th  section  of  this  chapter,  shall  elect  to  pay 
to  the  lessee  for  the  time  being,  of  the  district  in  which 
such  dock,  wharf,  pier  or  slip  is  situate,  at  and  after  the 
rate,  and  in  the  manner  mentioned  in  the  next  succeeding 
section  of  this  article,  such  ship  or  vessel  shall  be  exone- 
rated from  any  other  or  further  payment  in  said  district, 
for  the  residue  of  such  year. 

wd  §  28.  The   following  are   the  rates   of  wharfage  men- 

tioned in  the  last  preceding  section  of  this  article,  to  wit  : 

1.  Between  the  first  day  of  May  and  the  last  day  of 

July  inclusive,  sixty  cents  per  ton. 

2.  Between  the  first  day  of  August  and  the  last  day 

of  October,  inclusive,  forty-five  cents  per  ton. 

3.  Between  the  first  day  of  November  and  the  last 

day  of  January,  inclusive,  thirty  cents  per  ton. 


I 


OF   THE   KATES   OF   WHARFAGE.  299 

4.  Between  the  first  day  of  February  and  the  last 
day  of  April,  inclusive,  fifteen  cents  per  ton. 

§  29.  The  two  last  preceding  sections  of  this  article  shall  wharfage, 
be  so  construed,  that  in  case  any  ship  or  vessel  shall  remain 
in  any  of  the  public  slips  more  than  fifteen  successive 
days,  such  ship  or  vessel  shall  be  subject  to  daily  wharfage 
thereafter,  until  such  ship  or  vessel  shall  depart  from 
such  slip,  notwithstanding  such  ship  or  vessel  shall  have 
electedlo  pay  wharfage  by  the  year. 

§30.  Notwithstanding  anything  herein  contained,  any Ibid- 
vessel  paying  daily  wharfage,  entitled  to  lay  within  or  at 
any  of  the  said  docks,  wharves,  piers  or  slips,  and  which 
shall  be  laid  up  and  out  of  employ,  with  their  cargoes 
landed  and  sails  unbent,  between  the  tenth  day  of  Decem- 
ber and  the  tenth  day  of  March  inclusive,  in  any  year, 
shall  be  subject  for  the  time  during  which  said  vessel  shall 
be  so  laid  up,  to  the  payment  of  a  sum  or  sums  not  ex- 
ceeding one  half  of  the  wharfage  which  they  are  subject 
to  pay  when  in  active  employment;  but  such  vessels  shall 
be  liable  to  be  ordered  to  be  removed;  agreeably  to  the 
provisions  of  the  second  article  of  this  chapter. 

§  31.  The  owner,  master,  or  person  having  charge  of Ibid- 
any  ship  or  vessel,  coming  to  lay  with  any  such  ship  or 
vessel,  at  or  within  any  of  the  docks,  wharves,  piers  or 
slips,  within  this  city,  belonging  to  the  Corporation,  on  or 
after  the  first  day  of  May,  in  any  year,  shall  not  be  exone- 
rated from  the  payment  of  the  daily  rates  or  fees  of 
wharfage  allowed  by  the  laws  of  this  State,  unless  the  said 
persons,  or  some  one  of  them  shall,  upon  such  vessel  first 
coming  in,  and  such  person  or  persons  being  called  on  by 
the  lessee  or  his  agent  for  that  purpose,  forthwith  elect 
to  pay  to  the  lessee  of  the  district  in  which  such  dock, 
wharf,  pier  or  slip  is  situated,  the  yearly  or  periodical 


300  OF   INCUMBEEING  THE  SLIPS. 

rates  or  fees  of  wharfage  allowed  by  the  27th  and  *28th 
sections  of  this  chapter. 

ARTICLE    IV. 

OF   INCUMBEEING  THE  SLIPS. 

§  32'  Jt  slia11  not  be  lawful  *°r  the  owner  °r  master,  or 
person  having  charge  of  any  vessel  that  shall  be  out  of 
employ,  to  lay  up  the  same  at  any  of  the  public  docks, 
wharves,  piers  or  slips,  between  Stanton  street  and  White- 
hall slip,  except  with  the  written  consent  of  the  Super- 
intendent of  Wharves. 

of  §  33.  No  person  shall  careen  or  cause  to  be  careened, 
any  vessel  at  or  within  any  of  the  public  docks,  wharves, 
piers,  quays  or  slips,  under  the  penalty  of  ten  dollars,  for 
every  day  for  which  such  vessel  shall  continue  to  be  ca- 
reened, to  be  paid  by  the  owner  or  owners,  master  or 
person  having  charge  of  such  vessel,  severally  and  re- 
spectively. 

§  34.  No  person  shall  bring  into  any  of  the  said  public 
slips.  flocks  or  slips,  nor  make  nor  leave  there,  the  wreck  of 
any  ship  or  vessel,  whereby  such  dock  or  slip  may  be 
incommoded,  or  the  entrance  or  departure  of  any  vessel 
or  small  cralt  in  anywise  obstructed,  under  the  penalty 
of  twenty-five  dollars  for  every  such  offense;  and  the  fur- 
ther penalty  of  ten  dollars  for  every  day,  or  part  of  a  day 
the  wreck  of  such  ship  or  vessel  shall  so  continue  or  re- 
main in  any  such  dock  or  slip. 


chonT&c  a?n  §  ^*  ^°  Person  sna^  cas*  any  anchor,  grappling  or 
the  docks,  &c  kjjiock  into  or  near  any  of  the  docks,  wharves,  piers, 
quays  or  slips  of  the  said  city  ;  or  shall  place  any  cable, 
rope,  chain,  or  line  across  the  entrance  of  any  slip;  or 
shall  permit  or  cause  any  vessel  to  lay  <it  the  end  of  or 
within  any  pier,  with  the  jib-boom  rigged  out  ;  or  shall 


OF    INCUMBERING   THE   SLIPS.  301 

take  away  any  stones,  earth,  timber,  or  ballast,  belonging 
to  any  dock,  wharf,  pier  or  slip,  from  any  of  the  same, 
under  the  penalty  of  ten  dollars  for  every  such  offense. 

§  36.  No  person  shall  throw  anv  stones,  earth,  timber, 
ballast,  shells,  ashes,  or  other  dirt  or  rubbish  whatsoever, 
into,  or  bring  any  masts,  yards,  spars  or  other  kinds  of 
timber,  or  stages  or  platforms  for  working  on,  within  any 
of  the  docks,  wharves,  piers,  quays  or  slips  in  the  said 
city,  under  the  penalty  of  ten  dollars  for  every  such 
offense ;  and  the  additional  penalty  of  five  dollars  for 
every  day  or  part  of  a  day,  such  masts,  yards  and  spars, 
or  other  kind  of  timber,  or  stages  or  platforms  for  work- 
ing on,  shall  remain  in  any  of  the  said  docks,  wharves? 
piers,  quays  or  slips. 

§  37.  If  any  shells,   ashes,   stones,   or  dirt  whatsoever, 
shall  be  thrown  from  any  vessel  into  any  of  the  slips  or  the  sliP8- 
docks  aforesaid,  the  person  throwing  the  same,   and   the 
master,  or  owner  or  possessor  of  such  vessel,  shall  forfeit 
and  pay  for  every  such  offense,  the  sum  of  five  dollars. 

§  38.  No  steamboat,  small  boat,  or  other  craft,  shall  at  Battery  waii, 
any  time  lay  alongside  of  the  Battery  wall,  for  the  pur 
pose  of  landing  or  receiving  passengers  or  freight,  and  the 
proprietor  or  proprietors,  or  persons  having  charge  of  any 
such  steamboat,  small  boat,  or  other  craft,  which  shall 
land  or  receive  any  passengers  or  freight  at  the  said 
Battery  wall,  shall  be  fined  fifty  dollars  for  each  offense. 

§  39.  The  Street  Commissioner  shall  hereafter  insert  a  ciause  -^ 
clause  in   all   contracts  for  building   piers  and  bulkheads  c° 
or  repairing  the  same,  that  no  more  timber  or  other  ma- 
terials shall  be  deposited  in   the  slips   or  basins   than  is 
necessary  for  the  completion  of  the  work  specified  in  the 
contract. 


302 


Ringing  of 
Boat-bells. 


Blowing 
horns,  & 


Exception. 


Soliciting 
Passengers. 


OF   THE   RINGING   OF   BOAT-BELLS. 

ARTICLE  V. 

OF   THE   RINGING   OF   BOAT-BELLS. 

§  40.  No  bell,  on  board  of  or  near  any  boat  or  vessel, 
or  ferry-boat,  at  any  of  the  wharves,  piers  or  slips  in  the 
city  of  New  York,  shall  be  rung  before  sunrise  in  the 
morning,  on  any  pretence  whatever,  nor  shall  such  bell 
be  rung  or  tolled  at  any  other  time,  or  for  any  greater 
length  of  time  than  is  herein  expressed,  under  the  penalty 
of  twenty-five  dollars,  to  be  paid  by  the  master,  owner, 
agent  or  person  or  persons  having  charge  of  such  bell  or 
vessel,  and  the  person  ringing  or  tolling  the  same,  seve- 
rally and  respectively. 

1.  All   such  bells  may  be  rung  or  tolled  at  the  time 

of  starting,  one  minute,  and  no  longer. 

2.  They  may   also  ring   at  or  within  a  quarter  of  an 

hour  before  starting,  on  each   trip,  for  the  space 
of  two  minutes. 

§  41.  No  horn,  trumpet  or  other  instrument,  shall  be 
blown  or  used  in  any  of  the  streets,  wharves,  slips  or 
piers  in  the  city  of  New  York,  under  the  penalty  of  ten 
dollars  for  each  offense. 

§  42.  The  last  preceding  section  of  this  chapter  shall  not 
be  construed,  to  prevent  the  playing  of  any  band  of  music, 
or  any  single  instrument,  on  board  of  any  vessel  at  or 
near  any  wharf  or  pier. 

§43.  No  person  shall  solicit  or  request  any  person  or 
persons,  in  the  public  streets,  or  on  any  wharf  or  pier  in 
the  city  of  New  York,  to  go  on  board  of,  or  take  passage 
in,  any  steamboat  or  vessel,  under  the  penalty  of  five  dol- 
lars for  each  offense. 


OF   THE   LUMBER   DOCK.  303 

ARTICLE  VI. 

OF     THE     LUMBER     DOCK. 

§  44.  There  shall  be  appointed  a  suitable  person,  to  be  ^StS? Lum- 
called  "  The  Superintendent  of  the  Public  Lumber  Dock/7  ] 
whose  duty  it  shall  be  to  to  take  the  charge  and  superin- 
tendence of  the  Lumber  Dock;  to  direct  the  mode  of  oc- 
cupying the  same;  and  collect  the  fees  or  charges  therefor, 
as  hereinafter  established,  and  pay  over  the  same  to  the 
Chamberlain  of  the  city. 

§  45.  Such  superintendent  shall  take  an  oath,  faithfully  iwd. 
to  perform  the  duties  of  his  office;  and  before  entering 
upon  the  duties  of  his  office,  shall  execute  a  bond  with 
two  or  more  sureties,  in  the  penal  sum  of  five  thousand 
dollars  conditioned  for  the  faithful  discharge  of  such 
duties. 

§  46.  He  shall   receive  an   annual  salary  of  seven  hun-  n>id. 
dred  and  fifty  dollars,  payable  quarterly,  for  his  services; 
and  shall  hold  his   office  during  the  pleasure  of  the  Com- 
mon Council. 

§  47.  He  shall,  on  the  first  Monday  of  every  month,  n,id. 
render  to  the  Comptroller,  a  full  and  particular  statement 
of  all  moneys  received  by  him  as  such  officer,  verified  by 
oath,  stating  the  names  of  the  persons  from  whom  such 
moneys  were  received;  the  date,  the  amount  and  the  quan- 
tity of  timber  or  logs  on  which  the  same  was  charged; 
and  shall,  once  in  each  year,  on  the  first  Monday  of  Janu- 
-ary,  and  often er,  if  required,  furnish  a  statement  to  the 
Common  Council,  of  the  whole  quantity  of  timber,  logs, 
spars  and  other  articles  which  shall  have  been  brought 
into  the  said  lumber  dock  during  the  preceding  year;  and 
also  the  amount  remaining  therein  at  the  time  of  making 
such  report. 


304  OP   THE  LUMBER   DOCK. 

superintend-      §  48.  He   shall   also   keep  a  book,  in  which    shall   be 

ent  of  Lum. 

ber  Docks,  entered  the  names  of  all  persons  bringing  timber  to  the 
said  lumber  dock,  specifying  therein,  the  dates,  qualities 
and  prices  charged  therefor,  and  when  the  same  shall  be 
taken  away. 

JShogany         §  ^'  ^°  mahogany   or  other  imported  wood,   or  any 
Marble,  &c.    kiockg  Of  granite  or   marble,  shall  be   allowed  to  be  de- 
posited in  any  slip  below  Pike  street,  on  the  east,  or  Canal 
street  on  the  west  side,  and  not  without  the  written  per- 
mission of  the  Superintendent  of  Wharves. 

enteofntLum-  §  ^0.  The  said  superintendent  shall  not,  in  any  manner 
i>er  Dock.  or  way  wnateyer>  either  directly  or  indirectly,  be  con- 
cerned in  the  purchase  or  sale  of  any  timber  or  lumber 
whatever,  either  in  the  said  dock,  or  to  be  brought 
therein,  and  in  case  of  any  breach  of  the  provisions  of 
this  section,  he  shall  forfeit  his  office,  and  shall  not  after- 
ward be  eligible  thereto. 


§  51'  The  following  rates  shall  be  fixed  and  collected 
by  the  superintendent,  on  all  the  articles  hereafter  men- 
tioned, for  admission  and  storage  within  the  Lumber 
Dock,  viz : 

On  all  squared  oak  timber,  three-eighths  of  one  cent 
for  admission,  and  one  and  a  half  cent  per  year, 
for  every  cubic  foot. 

On  all  squared  pine  or  other  timber,  except  oak,  one 
quarter  of  one  cent  for  admission,  and  one  cent 
per  year,  for  every  cubic  foot. 

On  all  dock  or  pump  logs,  four  cents  admission,  and 
sixteen  cents  per  year  for  each  piece. 

On  all  spars  or  masts,  not  over  fifty  feet  in  length, 
twenty-five  cents  for  each  admission,  and  one  dol- 
lar per  year,  for  each  piece. 


OF   THE   LUMBER   DOCK.  305 

On  all  spars  or  masts  over  fifty  feet  in  length,  and  not 
exceeding  eighty  feet,  fifty  cents  for  each  admis- 
sion, and  two  dollars  a  year,  for  each  piece. 

On  all  spars  or  masts  eighty  feet  or  upward  in  length, 
seventy-five  cents  each  for  admission,  and  three 
dollars  per  year,  for  each  piece. 

On  all  plank  and  other  sawed  lumber,  four  cents  ad- 
mission, and  sixteen  cents  per  year,  for  every 
thousand  feet. 

Such  charges  for  admission  shall  be  paid,  whenever 
the  articles  shall  be  placed  within  the  dock,  and 
be  deducted  from*  the  payment  for  rent,  when  the 
lumber  is  taken  out  of  the  dock;  the  rent  shall 
be  paid  quarterly;  and  whenever  any  timber  or 
other  articles  shall  not  be  kept  within  the  dock 
for  the  period  of  three  months  from  the  time  of 
admission  therein,  the  charge  thereon  shall  be 
the  same  as  if  such  timber  or  other  articles  had 
remained  therein  for  the  period  of  three  months, 
and  so  for  every  three  months  thereafter.  A.ny 
expenses  which  may  be  incurred,  by  reason  of  the 
removal  of  any  timber  or  spars,  within  the  basin, 
by  the  direction  of  the  superintendent,  shall  be 
chargeable  to  the  owner  or  owners  of  such  timber, 
and  paid  by  him  or  them,  in  the  same  manner  as 
the  other  charges  under  this  law. 

§  52.  The    Comptroller   shall   lease  at  public  auction,  wharves,&c- 

at  Lumber 

such  portion  of  the  wharves  and  piers  around  the  Lumber  Dock. 
Dock,  as  may  not  be  required  for  the  use  of  the  dock; 
and  may  grant  the  privilege  of  piling  lumber  thereon, 
until  the  first  day  of  May  next;  and  shall  lease  the  same 
annually  thereafter,  at  the  same  time  and  in  the  same 
manner  as  the  other  wharves  are  leased  by  him. 


306  OF   THE    LUMBER   DOCK. 

superintend-      §  53.  It  shall  be  the  duty  of  the  superintendent  not  to 

ent  of  Lum- 
ber Dock,      permit  any  timber  or  other   articles   within  said  Lumber 

Dock,  to  be  removed  therefrom,  until  all  charges  thereon 
are  first  paid. 

§  54.  The  Comptroller  shall  furnish  the  superintendent 
ibid.  with  a  suitable  book,   for  the   purpose  of  keeping   all   ac- 

counts therein,  which  shall  be  handed  over  to  his  successor 
in  office,  from  time  to  time. 


OF  SALES  IN  THE  PUBLIC   STREETS.  307 

CHAPTER  XXVII. 

OF  SALES  IN  THE  PUBLIC  STREETS. 

ARTICLE  I. — OF  PLACES  AT  WHICH  FURNITURE  MAY  BE  SOLD 

AT  AUCTION  IN  THE  STREETS. 
II. — OF  THE  REGULATION  OF  SALES  IN  THE  PUBLIC 
STREETS. 

ARTICLE  I. 

OF  THE    PLACES  AT  WHICH  FURNITURE  MAY    BE  SOLD    AT  AUC- 
TION IN  THE  STREETS. 

§  1.  The  following  places  are  hereby  designated  as  the  2J°»J^ 
places  at  which  articles  of  furniture  may  be  exposed  for  ture. 
sale  and  sold,  that  is  to  say: 

1.  At  Peck  slip,  between  Pearl  street  and  Front 

street. 

2.  At  Burling  slip,  between  Pearl  street  and  Front 

street. 

3.  At  Old  slip,   between  Water   street  and   Front 

street. 

4.  In  Broad  street,  between  Front  street  and  South 

street. 

5.  In  Yesey  street,  between  Church  street  and  Wash- 

ington street. 

6.  In  the  square  in  front  of  Greenwich  market,  on  a 

line  with  Christopher  street,  west  of  Greenwich 
street. 

§  2.  No  goods,  wares,  merchandise,  or  other  thing  what-  nn-e  of  sales 
ever,  shall  be  sold  at  auction,  or  exposed  for  sale  in  any  m 
street,  road,  lane,  highway  or  public  place  in  the  city  of 


I 
303  OP  SALES   IN  THE  PUBLIC   STREETS. 

New  York,  except  between  the  hours  of  nine  o'clock  in 
the  morning  and  two  o'clock  in  the  afternoon  of  each  day, 
under  the  penalty  of  ten  dollars  for  every  such  offense,  to 
be  sued  for  and  recovered  from  the  seller,  auctioneer,  or 
his  agent,  severally  and  respectively. 

ARTICLE  II. 

OF  THE    REGULATION   OF  SALES  IN    THE   PUBLIC    STREETS. 

Permission        S  3.  No  auctioneer,  or  his  agent  or  servant,  or  any  other 

to  bo  gotten 

of  °wn<ise3  Person>  snall  sell  at  auction,  or  expose  for  sale,  or  lay  or 
place  any  goods,  wares,  merchandise  or  other  thing,  in 
any  street,  road,  lane,  highway,  or  public  place  in  the  city 
of  New  York,  unless  such  person  shall  first  obtain  the  con- 
sent or  permission,  in  writing,  of  the  occupant  of  the  lot 
or  building  before  which  such  articles,  or  any  part  there- 
of, shall  be  placed  or  exposed  for  sale,  under  the  penalty 
of  ten  dollars  for  every  such  offense,  to  be  sued  for  and  re- 
covered from  the  seller,  auctioneer  or  his  agent,  severally 
and  respectively. 

Extent  to         §  4.  Such  articles,  after  permission  granted  as  required 

which  streets 

oc-  in  the  third  section  of  this  chapter,  when  placed  or  ex- 
posed for  sale,  shall  not  occupy  more  than  one  third  part 
in  width  of  the  carriage  way  of  any  street,  under  the  pen- 
alty of  ten  dollars  for  every  such  offense,  to  be  sued  for 
and  recovered  from  the  seller,  auctioneer  or  his  agent, 
severally  and  respectively. 
Regulations  &  5.  No  person  shall'  sell,  or  expose  for  sale,  or  lay  or 

as  to  certain 

articles.  place  in  any  street,  lane,  road,  highway  or  public  place,  at 
any  time  between  the  first  day  of  June  and  the  first  day  of 
November  in  each  year,  any  salted  beef  or  pork,  dried  or 
pickled  fish,  blubber,  hides,  cotton  or  wool,  under  the 
penalty  of  ten  dollars  for  each  offense,  to  be  sued  for  and 
recovered  from  the  seller,  auctioneer  or  his  agent,  severally 
and  respectively. 


"OP   SALES  IN  THE   PUBLIC   STREETS.  309 

'§  6.  No  person  shall  sell,  or  expose  for  sale  at  auction  AS  to  sale  or 

carriages  and 

any  carriage  or  carriages,  or  any  animal  or  animals,  of  JJ^J^ 
any  description,  in  any  public  street  or  place  in  the  city  of 
New  York,  except  in  the  Fourth  avenue,  at  the  corner  of 
Eighty-sixth  street,  under  the  penalty  of  ten  dollars  for 
each  offense,  to  be  sued  for  and  recovered  from  the  seller, 
owner  or  purchaser  thereof,  severally  and  respectively. 

§  7.  Every  article  exposed  to  sale  at  auction,  or  sold  in  Things  sold 

»  in  streets   to 

-any  public  place,  street,  lane,  road  or  highway  in  the  city  £felyi^™e0dvi: 
of  New  York,  shall  be  removed  from  the  same  by  the  set- ed- 
ting  of  the  sun  of  the  day  of  selling  or  exposing  to  sale, 
under  the  penalty  of  ten  dollars  for  each  offense,  to  be  sued 
for  and  recovered  from  the  auctioneer,  his  agent,  or  the 
purchaser  thereof,  severally  and  respectively. 

§  8.  No  bellman  or  crier,  nor  any  drum  or  fife,  or  other  Advertising 
instrument  of  music,  nor  any  show  signal,  or  means  of  at- 
tracting the  attention  of  passengers  other  than  a  sign  or 
flag,  shall  be  employed,  or  suffered  or  permitted  to  be  used, 
at  or  near  any  place  of  sale,  or  at  or  near  any  auction- 
room,  or  at  or  near  the  residence  of  any  auctioneer,  or  at 
or  near  any  auction  whatsoever,  under  a  penalty  of  ten 
dollars  for  eac'i  offense  to  be  sued  for  and  recovered  from 
the  person  using  the  sarno,  and  the  auctioneer  or  his  agent, 
suffering  or  permitting  the  same,  severally  and  respec- 
tively. 

§  9.  No  auctioneer,  or  other  person,  shall  sell  or  expose  Paies  r,r  cer- 
for  sale  at  public  auction  or  vendue,  anv  dry  goods,  hard-  in  streets 

J   f  prohibited. 

ware,  wooden  ware  or  tin  ware,  by  retail  or  in  small  par- 
cels or  pieces,  in  any  public  street,  lane,  highway  or  public 
place  in  the  city  of  New  York,  (articles  of  household  fur- 
niture at  the  places,  and  as  is  hereinbefore  provided,  alone 
excepted,)  under  the  penalty  of  ten  dollars  for  each  of- 
fense, to  be  sued  for  and  recovered  from  the  seller,  auc- 
tioneer or  his  agent,  severally  and  respectively. 


310  OP   SALES   IN   THE   PUBLIC   STREETS. 

sates  at  auc-  §  10.  No  auctioneer,  or  his  agent,  or  servant  shall  sell 
or  expose  for  sale  at  public  auction,  any  goods,  wares, 
merchandise,  or  other  thing  whatsoever,  to  any  person  or 
persons  who,  at  the  time  of  bidding  for  the  same,  or  whilst 
examining  the  same,  shall  be  on  the  sidewalk  or  carriage- 
way of  any  of  the  streets  of  the  city,  under  the  penalty  of 
ten  dollars  for  every  such  offense. 

construction.  §  n.  This  chapter  shall  not  be  construed  to  pre- 
vent the  sale  of  goods  to  persons  who  may  be  standing  on 
the  carriage-way  of  such  streets  or  parts  of  streets  or 
places,  as  are  hereinbefore  mentioned  and  designated. 

tob&SoSf'  §  12.  No  person  shall  sell,  or  expose  for  sale,  any  meatr 
fish,  or  food  of  any  description,  in  any  of  the  streets  or 
public  squares  in  this  city,  other  than  in  the  markets  of 
said  city,  under  the  penalty  of  ten  dollars  for  each  offense, 
except  as  follows: — Permission  is  hereby  given  to  farmers 
and  market  gardeners  to  occupy  daily,  until  12  o'clock,  M., 
free  of  charge,  the  vacant  space  of  the  northern  and  south- 
ern extremities  of  the  intersection  of  Broadway  and  Sixth 
avenue,  between  Thirty-second  and  Thirty-fifth  streets, 
without  infringing  upon  the  streets  which  the  said  space 
intersects,  for  the  purpose  only  of  selling  vegetables  and 
market  produce  of  their  own  farms  or  gardens,  under  the 
supervision  and  control  of  the  City  Inspector. 

§  13.  All  persons  offending  against  the  last  preceding 
section,  shall  be  deemed  guilty  of  a  misdemeanor,  and  be 
punished,  on  conviction  before  the  Mayor,  Recorder,  or 
one  of  the  Police  Justices  of  said  city,  by  a  fine  not  ex- 
ceeding ten  dollars,  or  in  default  of  the  payment  of  such 
fine,  by  imprisonment,  provided  such  imprisonment  does 
not  exceed  ten  days. 


OF   SALES   IN   THE   PUBLIC   STREETS.  311 

§  14.  No  auctioneer,  or  his  agent,  or  servant,  or  any  sale  of  Farm- 
other  person,  shall  lay,  or  place,  or  sell  or  expose  for  sale, 
any  article  of  household  furniture  in  any  street,  or  public 
place  in  the  city  of  New  York,  other  than  such  as  is  here- 
inbefore designated  or  mentioned,  under  the  penalty  of 
twenty  dollars  for  every  such  offense,  to  be  sued  for  and 
recovered  from  the  seller,  auctioneer,  or  his  agent  or  ser- 
vant, severally  and  respectively. 

§15.  No  furniture,  goods,  wares,  merchandise,  or  other  ^^ in Chat- 

ham  square. 

article  or  thing  whatever,  shall  be  sold  at  auction,  or  ex- 
posed for  sale  by  any  auctioneer,  his  agent  or  servant,  or 
by  any  other  person  or  persons,  upon  the  sidewalk  of 
Chatham  square,  between  James  street  and  Catharine 
street,  in  the  city  of  New  York,  under  the  penalty  of 
twenty  dollars  for  every  such  offense,  to  be  sued  for  and 
recovered  from  the  seller,  auctioneer,  or  his  agent  or  ser- 
vant, or  any  other  person  or  persons  offending,  severally 
and  respectively. 

§  16.  Such  articles,  when  exposed  for  sale,  shall  not  ibid, 
occupy  more  than  twenty  feet  in  width,  and  not  more 
than  twenty-five  feet  in  length,  of  the  carriage-way  of 
Chatham  square,  between  James  street  and  Catharine 
street,  in  the  said  city,  and  shall  not  be  placed  within  ten 
feet  of  each  corner  of  the  streets  intersecting  Chatham 
square,  nor  shall  any  such  articles  be  placed  upon,  sold  or 
exposed  for  sale  upon  any  of  the  cross-walks  or  intersec- 
tions of  or  in  said  Chatham  square,  under  the  penalty  of 
twenty  dollars  for  every  such  offense,  to  be  sued  for  and 
recovered  from  the  seller,  auctioneer,  or  his  agent  or  ser- 
vant, severally  and  respectively. 

§  17.  All  furniture,  goods,  wares,  merchandise  or  other  ^id- 
article  or  thing  whatsoever,  sold  or  exposed  for  sale  in 


312  OP  SALES  IN   THE   PUBLIC   STREETS. 

Chatham  square,  between  James  street  and  Catharine 
street,  and  authorized  to  be  sold  there  under  and  by  vir- 
tue of  this  chapter,  and  all  auctioneer  stands  and  con- 
veniences used  by  or*  for  the  auctioneer,  or  person  selling 
or  exposing  the  same  for  sale,  shall  be  removed  from  the 
said  place  before  two  o'clock  of  the  afternoon  of  the  day 
on  which  the  sale,  or  offering  for  sale  is  by  this  chapter 
directed  to  be  made,  under  the  penalty  of  twenty  dollars 
for  every  such  offense,  to  be  sued  for  and  recovered  from 
the  seller,  auctioneer,  or  his  agent  or  servant,  severally 
and  respectively. 

£m  square!"  §  *8-  ^°  auctioneer  or  other  person  shall  sell,  or  expose 
for  sale,  at  public  auction  or  vendue,  any  dry  goods,  hard- 
ware, wooden  ware,  tin  ware,  earthen  ware,  china  ware, 
glass  ware,  goods,  wares  or  merchandise  of  any  description, 
or  any  other  article  whatever,  by  retail,  or  in  small  par- 
cels or  pieces,  in  Chatham  square,  between  James  street 
and  Catharine  street  aforesaid,  under  the  penalty  of  ten 
dollars  for  each  offense,  to  be  sued  for  and  recovered  from 
the  seller,  auctioneer,  or  his  agent  or  servant,  severally  and 
respectively. 


§  19.  No  person  shall  sell,  or  expose  for  sale,  in  any  of 
6t™eets.te<i  m  the  streets  or  slips  in  the  city  of  New  York,  any  tin  plate 
ware,  earthenware,  china  ware,  glass  ware,  goods,  wares 
and  merchandise  of  any  description,  or  any  other  article, 
under  the  penalty  of  ten  dollars  for  each  offense. 

Firewood.  g  20.  No  person  shall  sell,  or  expose  for  sale,  in  any  of 
the  streets  of  said  city,  any  fire-wood  of  any  description, 
under  a  penalty  of  ten  dollars  for  each  offense;  but  noth- 
ing herein  contained  shall  prevent  the  sale,  by  any  licensed 
cartman  of  said  city,  of  any  fire-wood  on  any  of  the  wharves 
of  said  city. 


OP  PUBLIC  WORSHIP  IN   THE  STREETS  AND  PUBLIC  PLACES.  313 


CHAPTER  XXVIII. 

OF    PUBLIC  WORSHIP    IN    THE    STREETS    AND    PUBLIC    PLACES. 

§  1.  No  person  shall  be  concerned  or  instrumental  in  Prohibition, 
collecting  or  promoting  any  assemblage  of  persons,  under 
pretence  of,  or  for  public  worship  or  exhortation,  in  the 
Park  or  Battery,  or  in  any  of  the  markets  or  streets,  or 
any  public  place  in  the  city  of  New  York,  laid  out  and  ap- 
propriated for  the  common  use  of  the  citizens,  under  the 
penalty  of  twenty-five  dollars  for  each  offense. 

§  2.  It  shall  be  the  duty  of  all  magistrates,  constables  APPrehen- 

J  sion  of  offen- 

a*nd  police  officers  of  the  said  city,  to  prevent  all  such  <*ers. 
assemblies,  and  to  prosecute,  apprehend  and  report  to  the 
attorney  of  the  Board,  all  persons  concerned  or  instrumen- 
tal in  promoting  the  same. 

§  3.  Every  constable  or  police  officer  who  shall  neglect  ibid. 
or  refuse  to  perform  his  duty  in  the  premises,   shall,  for 
every  neglect,  forfeit  and  pay  the  sum  of  five  dollars. 

§  4.  Nothing  contained  in  the  preceding  sections  of  this  Permission  to 

preach  in  the 

chapter  shall  be  construed  to  prevent  any  clergyman  or  streets, 
minister  of  any  denomination  from  preaching  in  any  place 
in  this  city,  who  shall  have  obtained  the  written  permission 
of  either  the  Mayor,  or  one  of  the  Aldermen  or   Council- 
men  of  this  city  therefor. 

§  5.  The  first  section  of  this  chapter  shall  not  be  con-  Baptists, 
strued  to  prevent  any  ministers  or  people  of  any  church, 
usually  called  Baptists,  from  assembling  in  proper  places 
in  the  city  of  New  York,  for  the  purpose  of  performing 
21 


314  OP  PUBLIC  WORSHIP  IN  THE  STREETS  AND  PUBLIC  PLACES. 

the  rites  of  baptism  according  to  the  ceremonies  of  such 
church. 

provided1  §  6%  No  person  shall  disturb,  molest  or  interrupt  any 
clergyman  or  minister  who  shall  have  obtained  permission 
according  to  section  four  of  this  chapter,  or  who  shall  be 
performing  the  rites  of  baptism,  as  permitted  by  sec- 
tion five  of  this  chapter,  or  shall  commit  any  riot  or  dis- 
order in  any  such  assembly,  under  the  penalty  of  twenty- 
five  dollars  for  each  offense. 


OF   DRIVING   HORSES   IN   THE   CITY.  315 


CHAPTER    XXIX. 

OF  DRIVING  HORSES  IN  THE  CITY. 

§  1.  No  person  shall  ride  or  drive  any  horse  or  horses  speed 
in  the  city  of  New  York,  with  greater  speed  than  at  the 
rate  of  five  miles  an  hour,  under  the  penalty  of  ten  dollars 
for  each  offense,  to  be  recovered  from  the  owner  or  driver 
thereof,  severally  and  respectively. 

§  2.  No  person,  upon  turning  the  corner  of  any  street  j£™iDg  ^ " 
in  the  city  of  New  York,  shall  ride  or  drive  any  horse  or 
horses,  otherwise  than  on  a  walk,  under   the  penalty  of 
five  dollars  for  each  offense,  to  be  paid  by  the  owner  or 
driver  thereof,  severally  and  respectively. 

§  3.  No  horse  shall  be  suffered  or  permitted  to  go  loose  Horses  run- 

niu tr  at  l&rtro 

-or  at  large,  in  any  of  the  streets  in  the  city  of  New  York, 
under  the  penalty  of  ten  dollars  for  every  such  offense,  to 
be  paid  by  the  owner  or  person  having  the  care,  charge  or 
keeping  thereof,  severally  and  respectively. 

§  4.  No  person  shall  suffer  or  permit  to  aro,  or  lead,  or  Horses  on 

.  side-walks. 

ride,  or  drive  any  horse  upon  any  sidewalk  in  the  city  of 
New  York,  under  the  penalty  of  five  dollars  for  each  of- 
fense, to  be  paid  by  the  owner  or  person  having  the  care, 
charge  or  keeping  thereof,  severally  and  respectively. 

§  5.  No  person  shall  run,  or  race  any  horse  in  any  pub-  Racing. 
lie  street,  road  or  avenue,  in  the  city  of  New  York,  nor 
shall  consent  to  or  suffer  such  racing,  under  the  penalty  of 
fifty  dollars,  to  be  recovered  from  the  person  or  persons 
who  shall  so  race,  or  suffer,  or  permit  such  racing,  and  the 
owner,  rider,  and  the  person  having  charge  of  any  animal 
which  shall  so  race  and  run,  severally  and  respectively. 


316  OF   DRIVING  HORSES   IN   THE    CITY. 

Racing.  §  6.  The  last  preceding  section  of  this  chapter  shall  be 

construed  to  prevent  and  punish  the  running,  racing  or 
trotting  of  any  horse  or  horses,  for  any  trial  of  speed,  or 
for  the  purpose  of  passing  any  other  horse  or  horses, 
whether  the  same  be  founded  upon  any  stake,  bet  or  other- 
wise. 

Tandem.  g  7.  jf0  person  shall  drive  one  horse  before  another,  in 

the  manner  commonly  called  tandem,  otherwise  than  on  a 
walk,  in  any  street  in  the  city  of  New  York,  under  the 
penalty  of  five  dollars  for  each  offense,  to  be  paid  by  the 
owner  or  driver  thereof,  severally  and  respectively. 


§  g.  No  person  shall  show  or  expose  for  sale  at  auction, 

at  auction. 

any  horse  or  other  animal,  in  any  street,  lane  or  avenue  in 
the  city  of  New  York,  under  the  penalty  of  five  dollars  for 
every  such  offense. 

Beiis  tosieigh  §  9.  No  person  shall  drive  any  horse  before  a  sleigh  or  sled  T 
through  any  of  the  public  streets  or  avenues  of  this  city, 
unless  there  shall  be  a  sufficient  number  of  bells  attached 

I 

to  the  harness  of  such  horse  and  sleigh  or  sled,  to  warn 
persons  of  his  approach,  under  the  penalty  of  ten  dollars 
for  each  offense,  to  be  paid  by  the  driver,  owner  or  person 
having  the  care,  charge  or  keeping  thereof,  severally  and 
respectively. 


OF   SINKS.  PRIVIES   AND    CESSPOOLS.  317 

CHAPTER    XXX. 

OF  SINKS,   PRIVIES  AND    CESSPOOLS. 


§  1 .  No  sink,  privy  or  cesspool  shall  hereafter  be  con-  Regulation  or 

construction. 

structed,  or  made  in  any  part  of  the  city  of  New  York, 
south  of  Fourteenth  street,  unless  the  same  shall  be  con- 
structed of  brick  or  stone,  and  be,  at  least,  ten  feet  in 
depth  from  the  surface  of  the  ground,  when  such  depth  is 
practicable,  under  the  penalty  of  fifty  dollars,  to  be  re- 
covered from  the  owner  and  builder  of  the  same,  severally 
and  respectively. 

§  2.  No  person  shall  inclose  or  cover  any  sink,  privy  or  TO  be  exami- 
ned and  mea- 

cesspool,  or  arch  over  or  place  upon  the  same,  any  house,  sured  before 

being  cover- 

shed  or  covering,  until  such  sink,  privy  or  cesspool  shall  ed- 
have  been  examined,  and  measured  by  the  City  Inspector 
or  the  Health  Warden,  of  the  ward  in  which  the  same  may 
be,  under  the  penalty  of  twenty-five  dollars  for  every  such 
offense,  to  be  recovered  from  the  owner  and  builder  of  the 
same,  severally  and  respectively. 

§  3.  No  privy,  sink  or  cesspool,  shall  hereafter  be  made  Regulations 

of  construe- 

or  constructed,  within  thirty  feet  of  any  public  well  or  turn, 
pump,  under  the  penalty  of  one  hundred  dollars,   to  be 
paid  by  the  owner  and  builder  thereof,  severally  and  re- 
spectively. 

§  4.  No  person  shall  dig  any  sink  or  cesspool,  or  build  ibid. 
or  erect  any  privy,  without  leaving,  at  least,  two  feet  of 
solid  earth,  or  solid  mason  work  laid  in  mortar  or  cement, 
to  be  measured  from  the  interior  line  of  said  sink,  between 
such  sink,  cesspool  or  privy  and  the  adjoining  lot,  under 
the  penalty  of  twenty-five  dollars,  to  be  paid  by  the  owner 
.and  builder  thereof,  severally  and  respectively. 


318  OF   SINKS,  PRIVIES   AND    CESSPOOLS. 

covering  pri-      §  5.  No  person   shall  cover  over  any  sink  or  privy  that 

vies  and  re- 

moving con  may  ke  fuii5  or  partly  full,  nor  draw  off  the  contents  thereof 
into  any  hole  or  place  dug  or  made  to  receive  the  same, 
under  the  penalty  of  twenty-five  dollars,  to  be  recovered 
from  the  owner  of  such  premises  or  the  person  doing  the 
same. 

two  §  6-  The  owner  or  occupant  of  any  house,  store,  build- 
™g  or  premises,  to  which  any  sink,  privy  or  cesspool  shall 
belong  or  appertain,  shall  not  permit  the  contents  thereof 
to  rise  within  two  feet  of  the  surface  of  the  earth,  under 
the  penalty  of  twenty-five  dollars,  to  be  recovered  from  the 
owner  or  occupant  thereof,  severally  and  respectively. 

§7.  The  owner  or  occupant  of  any  house,  lot  or  premises" 
in  the  city  of  New  York,  shall  not  empty  or  remove,  or 
cause,  or  suffer,  or  permit  to  be  emptied  or  removed,  the 
contents  of  any  sink,  privy  or  cesspool,  between  the  last? 
day  of  May  and  the  last  day  of  September  in  each  year, 
without  the  express  permission  of  the  City  Inspector,  ob- 
tained for  that  purpose,  under  the  penalty  of  twenty  dol- 
lars for  each  offense. 


tubs°kealt°in  §  ^'  ^ne  owner  or  occupant  of  anyhouse,  lot  or  premises 
priri«s.  shall  not  cause,  or  suffer  or  permit  any  tub  used  in  any 
necessary  house,  sink  or  privy  to  be  removed,  except  be- 
tween the  hours  of  eleven  o'clock  in  the  evening  and  three 
o'clock  in  the  morning,  from  the  first  day  of  May  to  the' 
last  day  of  September,  in  any  year;  and  between  the  hours 
often  o'clock  in  the  evening  and  six  o'clock  in  the  morn- 
ing, during  the  remainder  of  the  year,  under  the  penalty 
of  ten  dollars  for  each  offense. 


contents  not      §  9 .  No  person  shall  cast,  lay,  or  suffer  to  run  in  or  upon 

to  ran  in  .  ..       , 

streets,  tc.  any  street,  wharf  or  pier,  or  in  any  slip  or  dock,  or  upon 
or  within  the  distance  of  three  feet  of  any  wharf,  or  in 
any  lane,  alley,  lot  or  vacant  place  to  the  southward  of" 


OP  SINKS,  PRIVIES  AND   CESSPOOLS,  319 

Fourteenth  street,  the  contents  of  any  sink,  tub,  privy  or 
cesspool,  under  the  penalty  of  ten  dollars  for  each  offense. 

§  10.  No  person  shall  throw  or  deposit,  or  cause  or  suf-  J^J**;  &c- 
fer  to  be  thrown  or  deposited  in  any  sink,  privy  or  cess-  Jnr^n  i] 
pool,  any  vegetable  substance  or  garbage,  or  offal  of  fish 
or  poultry,   or   any   dead   animal,   under  the   penalty  of 
twenty-five  dollars  for  every  such  offense. 

§  11.  The  owner  or  occupant  of  any  house,  lot  or  pre-  Regulations 

cftubsinpri- 

mises  in  the  city  of  New  York,  shall  not  cause  or  suffer  or  vie3- 
permit  any  tub  to  be  used  in  any  necessary  house,  sink  or 
privy,  appertaining  or  belonging  to  such  premises,  unless 
such  tub  shall  be  made  perfectly  tight,  and  well  secured 
with  copper,  brass  or  iron  hoops  and  handles,  under  the 
penalty  of  ten  dollars,  to  be  recovered  from  the  owner  or 
occupant,  severally  and  respectively. 

§  12.  The  owner  or  occupant  of  any  house,  store,  build-  n>w. 
ing  or  premises  to  which  a  sink,  privy  or  necessary  house 
shall  belong  or  appertain,  in  which  tubs  shall  be  used, 
shall  not  suffer  or  permit  the  contents  thereof  to  rise  within 
three  inches  of  the  top  of  said  tub,  under  the  penalty  of 
ten  dollars  for  each  offense,  to  be  recovered  from  the 
owner  or  occupant,  severally  and  respectively. 

§  13.  No  person  shall  empty  or  remove  the  contents  of 
any  tub,  sink  or  privy,  in  the  city  of  New  York,  otherwise  privies 
than  in  tubs,  boxes,  or  casks  made  tight  and  closely  cov- 
ered; each  tub,  box,  cask  and  cover  to  be  approved  by  the 
City  Inspector;  and  any  person  who  shall  use  for  such  pur- 
poses, any  tub,  box,  cask  or  cover,  other  than  those  ap- 
proved as.aforesaid,  shall  forfeit  and  pay  the  sum  of  fifty 
dollars  for  each  offense. 

§  14.  It  shall  not  be  lawful  for  any  person  or  persons  to  AS  to 

ing  contents 

throw  the  contents  of  any  tub,  box,  cask,  sink  or  privy  into 


320  OF   SINKS,  PRIVIES   AND    CESSPOOLS. 

the  North  or  East  rivers,  south  of  Forty-second  street, 
save  and  except  under  the  circumstances  hereinafter  men- 
tioned, under  the  penalty  of  fifty  dollars  for  each  offense. 

of'vesSe-  §  15-  The  several  wharves  or  piers  on  the  North  and 
tlntengof  cp°rt  East  rivers,  where  the  contractors  for  cleaning  the  streets 
are  permitted  to  heap  up  manure,  excepting  pier  number 
one,  East  river,  are  hereby  designated  and  set  apart  for 
vessels  to  come  and  be  fastened  to,  subject  to  the  direc- 
tions and  regulations  of  the  City  Inspector.  A  pier  in  the 
First  Ward,  to  be  selected  by  the  Alderman  of  that  Dis- 
trict, for  the  same  purpose,  from  which  piers  and  in  which 
vessels  the  night-scavengers  shall  deposit  the  contents  of 
tubs,  boxes,  casks,  sinks  and  privies,  provided  the  same 
shall  not  be  what  is  called  "  water;"  and  it  shall  be  lawful 
for  the  night-scavengers  to  ask,  demand,  arid  receive  there- 
for, from  the  owner  of  such  vessel  or  vessels,  the  sum  of 
twenty-five  cents  for  each  and  every  full  load  of  twenty- 
four  cubical  feet;  but  in  case  there  shall  not  be  at  the  time, 
a  vessel  or  vessels  at  said  wharves  or  piers,  capable  of  con- 
taining or  receiving  the  contents  so  removed,  or  in  case 
the  contents  shall  at  any  time  be  what  is  called  "  water," 
then,  and  in  each  of  the  cases  above-mentioned,  the  night- 
scavengers  may  deposit  the  contents  of  the  tubs,  boxes, 
casks,  sinks  or  privies,  from  the  ends  of  the  said  piers,  or 
if  vessels  shall  be  lying  at  the  ends  of  said  piers,  from  a 
point  as  near  as  practicable  to  the  outer  ends  of  the  said 
piers,  into  the  river;  and  in  case  any  night-scavenger  or 
other  person  shall  deposit  the  contents  of  any  tub,  box, 
cask,  sink  or  privy  at  any  other  wharf,  or  from  any  other 
pier,  than  those  before-mentioned,  then  such  night-scaven- 
ger or  other  person  shall  forfeit  and  pay  the  sum  of  fifty 
dollars,  for  each  and  every  offense;  and,  if  a  night-scaven- 
ger, he  shall  be  subject,  in  case  of  any  subsequent  offense 
to  forfeit  his  license,  at  the  option  of  the  City  Inspector. 


OF   SINKS,  PRIVIES   AND    CESSPOOLS.  321 

§  16.  No  person  shall  remove,  or  cause  to  be  removed,  Permission  to 

remove  cou- 

the  contents,  or  any  part  thereof,  of  any  tub,  box,  cask, 
sink  or  privy,  south  of  Forty-second  street,  without  a  writ- 
ten or  printed  permission  from  the  City  Inspector,  which 
permission  shall  specify  the  time  within  which  the  said 
contents  may  be  removed,  and  the  piers  to  which  the  same 
may  be  taken  and  deposited  as  mentioned  in  these  ordi- 
nances, either  of  which  piers  the  scavenger  may  elect;  and 
if  any  person  shall  remove,  or  cause,  or  allow,  or  assist  in 
removing  the  contents,  or  any  part  thereof,  of  any  tub, 
box,  cask,  sink  or  privy,  without  such  permission,  or  at  any 
other  time  than  that  specified  therein,  or  shall  convey  to 
and  deposit,  or  assist  in  conveying  and  depositing,  any  of 
the  contents  aforesaid,  from  any  other  pier  than  one  of 
those  described  in  this  chapter,  he  shall  forfeit  and  pay  for 
<each  and  every  offense,  the  sum  of  fifty  dollars. 


§  17.  It  shall  be  the  duty  of  the  City  Inspector  or  Health 
Warden,  to  examine  each  sink  or  privy  in  each  Ward  or 
District,  once  in  each  year,  and  a  report  shall  be  made  to  , 
the  City  Inspector,  on  or  before  the  first  day  of  April  in 
each  year,  of  the  situation  of  each  sink  or  privy  in  each 
ward  or  district,  and  when  any  sink  or  privy  requires  emp- 
tying before  the  tenth  of  September  next  thereafter,  notice 
shall  be  given  to  the  owner  of  such  sink  or  privy,  or  his 
agent,  or,  if  they  cannot  be  found,  the  tenants  thereof,  re- 
quiring the  removal  of  the  contents  of  such  sink  or  privy 
to  be  performed  forthwith;  but  the  omission  of  such  notice 
shall  not  excuse  the  person,  whose  duty  it  is  to  cause  such 
sink  to  be  emptied,  from  the  payment  of  the  sum  of  ten 
dollars,  as  hereinbefore  specified. 

§  18.  The  City  Inspector  is  directed  to  advertise,  and  sa)e  *  Night 
sell  to  the  highest  bidder,  in  conformity  with  law,  the  right 
for  five  years,  to  all  the  night-soil  taken  from  the  sinks  in 


322  OF   SINKS,  PRIVIES   AND    CESSPOOLS. 

the  city;  and  the  same  shall  be  deposited  by  the  scaven- 
gers in  boats  to  be  furnished  by  the  person  receiving  the 
right;  the  boats  to  be  used  to  be  tight  deck  boats  of  no 
less  than  fifty  tons,  custom  house  measurement;  the  person, 
who  shall  receive  the  right,  shall  be  bound  to  enter  into  a 
contract  with  the  City  Inspector  for  the  faithful  perform- 
ance of  his  contract  for  five  years,  and  give  security  to  the 
amount  of  one  thousand  dollars.  The  person  or  persons 
who  shall  have  the  contract  awarded  to  him  or  them,  shall 
have  the  right  of  the  exclusive  use  of  two  berths  at  each  of 
the  following  named  piers,  to  wit:  The  pier  foot  of  Clark- 
son  street;  the  south  side  of  pier  foot  of  Twenty-sixth 
street,  North  river;  the  south  side  of  pier  foot  of  Thirty- 
eighth  street,  East  river;  also  the  north  side  of  pier  foot 
of  Rivington  street,  and  that  the  scavengers  be  compelled, 
under  a  penalty  of  twenty-five  dollars,  to  proceed  directly 
from  the  place  where  such  soil  shall  be  gathered,  to  the 
river,  or  to  a  street  leading  directly  to  the  nearest  dump- 
ing place,  and  dump  all  the  night-soil  taken  from  the 
privies  or  sinks  into  the  boats  of  such  person  or  persons 
who  shall  receive  the  contract  from  the  city;  and  return, 
the  contract  to  the  Common  Council  for  confirmation. 

§  19.  The  City  Inspector  hereby  is  authorized  and  direc- 
ted immediately  to  a'dvertise,  for  thirty  days,  proposals  for 
the  sale  of,  and  then,  in  conformity  to  the  provisions  of  the, 
laws  of  the  State,  to  sell  to  the  highest  bidder,  who  shall 
furnish  adequate  security,  the  right  and  privilege  of  col- 
lecting and  removing  dead  horses,  and  other  dead  animals,, 
blood,  offal  and  other  refuse  matter  and  nuisances,  in  ac- 
cordance with  the  following  specifications,  for  the  term  of 
five  years  next  thereafter;  the  contract  to  be  prepared  by 
the  Counsel  to  the  Corporation.* 

*  NOTE. — This  section  was  passed  on  14th  December,  1855.  Though  temporary  in 
its  character,  its  operation  may  extend  over  five  years,  and  it  may  be  the  basis  of  a  per- 
manent system. 


OF   SINKS,  PRIVIES   AND    CESSPOOLS.  323 

SPECIFICATIONS. 

First.  The  contractor  shall  collect,  and  remove  from  all  J 
parts  of  the  city  to  the  dock  and  slip,  at  the  foot  of  Forty- 
fifth  street,  East  river,  or  to  such  other  docks  or  slips  as 
the  Common  Council  may,  at  any  time  or  times  hereafter 
designate  and  provide,  all  dead  horses  and  other  dead  ani- 
mals; and  shall,  at  all  times,  provide  and  keep,  at  his  own 
cost  and  expense,  such  a  number  of  suitable  carts  as  shall 
be  necessary,  for  a  prompt  and  faithful  performance  of 
such  work;  said  carts  shall  be  approved  and  licensed  by 
by  the  City  Inspector. 

Second.  The  contractor  shall,  at  all  times,  provide  and 
keep,  at  such  dock  or  slip  as  aforesaid,  a  suitable  number 
of  suitable  boats,  scows,  barges  or  vessels  for  receiving, 
and  shall  receive  therein  all  dead  horses,  and  other  dead 
animals,  and  all  blood,  offal  and  other  refuse  matter  from 
butchers'  slaughter-houses,  and  all  bones,  fish,  fish  offal, 
diseased  or  tainted  meats,  and  all  other  nuisances  of  a 
similar  kind,  which  may  or  shall  be  offered  by  any  person 
or  persons  at  such  dock  or  slip. 

Third.  The  contractor  shall  furnish,  at  his  own  cost  and 
expense,  suitable  boxes  for  the  reception  of  all  orders  or 
complaints;  the  same  to  be  placed,  one  at  each  police  sta- 
tion-house in  the  city,  and  one  at  the  office  of  the  City 
Inspector,  and  to  cause  all  orders  and  complaints  to  be 
collected  from  each  and  every  station-house,  and  from  the 
office  of  the  City  Inspector,  at  least  twice  every  day;  and 
shall  cause  all  dead  animals  to  be  removed,  in  accordance 
with  the  contract,  as  soon  as  possible  after  the  reception 
of  any  such  order  or  complaint,  or  other  notice. 

Fourth.  The  contractor  shall,  at  least  once  in  every  day, 
remove  all  such  dead  horses,  animals,  blood,  offal,  and 
other  matters  and  nuisances  as  aforesaid,  to  some  suitable 


324  OF   SINKS,  PKIVIES   AND    CESSPOOLS. 

Bemovai  of    and  proper  place  or  places  beyond  the  limits  of  the  city ; 

•dead 'animals  r  L 

and  whenever  the  City  Inspector  shall  so  direct,  such  re- 
moval shall  be  made  twice  in  each  day,  during  the  months 
of  June,  July,  August  and  September. 

Fifth.  Approved  sureties,  to  the  amount  of  thirty  thou- 
sand dollars,  will  be  required  for  the  faithful  performance 
and  execution  of  the  contract,  to  the  end  of  the  term, 
which  security  shall  be  renewed  within  three  weeks  of  the 
close  of  the  year.  In  every  respect,  the  work  to  be  per- 
formed as  required,  and  any  neglect  or  refusal,  on  the  part 
of  the  contractor  to  perform  the  whole  or  any  part  of  the 
stipulations  of  the  contract,  or  of  the  requirements  of  these 
specifications,  shall  be  sufficient  to  empower  and  authorize 
the  City  Inspector  to  proceed  to  perform  so  much  thereof 
as  shall  be  neglected  or  refused,  at  the  expense  of,  and 
chargeable  by  the  Corporation  to  the  contractor  and  his 
sureties,  and  such  refusal  or  neglect,  shall  authorize  and 
empower  the  Common  Council  at  any  time  to  revoke  and 
annul  such  contracts. 

Sixth.  The  bid  shall  state  the  amount  which  the  bidder 
will  pay  per  annum  for  such  right  and  privilege,  which 
amount  shall  be  paid  by  the  contractor  to  the  Comptroller, 
in  equal  quarterly  sums,  at  the  end  of  each  quarter. 

Seventh.  A.  strict  compliance  with  the  provisions  of  the 
chapters  relating  to  "  Contracts  for  supplies,  and  work 
done  for  the  Corporation,'7  and  amendments  thereto,  will 
be  observed  and  required. 

Eighth.  Should  the  person  or  persons  to  whom  the  con- 
tract shall  be  awarded,  fail  to  attend  with  his  or  their 
sureties,  and  to  execute  the  same  in  writing,  within  three 
days  after  being  notified  that  such  contract  is  ready,  he 
or  they  shall  be  considered  as  having  abandoned  it,  and 
shall  forfeit  all  right  to  such  award. 


OF   PARTITION  FENCES   AND   WALLS.  325 

CHAPTER  XXXI. 

OF   PAKTITION   FENCES   AND   WALLS. 

§  1.  All  partition  fences  in  the  city  of  New  York  shall  ^°pT  Tnadere& 
be  made  and  maintained  by   the   owners  of  the  land  on  pair' 
each  side  ;    and  each  party  shall  make  and  keep  in  repair 
one  half  part  thereof,  when  it  can  be  conveniently  divided. 

§  2  .  In  case  of  any  dispute  between  the  parties,  concern-  Disputes, 

,,...,.  ,      f,  ,  how  settled. 

ing  the  division  of  any  such  fence,  or  as  to  what  part  or 
portion  of  it  shall  be  made  or  repaired  by  each  party 
respectively;  and  in  all  cases  of  dispute  concerning  the 
sufficiency  of  any  fence  in  the  city  of  New  York,  the  matter 
shall  be  determined  by  the  Alderman  and  Councilmen  for 
the  time  being,  of  the  district  of  the  ward  in  which  such 
partition  or  other  fence  may  be  situated. 

§3.  When  any  partition   fence  cannot  be  conveniently  HOW  made  & 
divided,  the   same   shall  be  made  and  kept  in  repair  at  Pair- 
the  joint  and  equal  expense  of  the  owners  of  the  land  on 
each  side. 


§  4.  When  the  regulation  of  a  lot,  in  conformity  ^ 
the  street  on  which  it  is  situated,  shall  require  the  ground 
of  such  lot  to  be  raised  and  kept  up  higher  than  the  ground 
of  the  adjoining  lot  or  lots,  and  a  partition  wall  for  sup- 
porting the  same  shall  be  necessary,  such  partition  wall 
shall  be  made  and  maintained  by  the  owners  respectively 
of  the  land  on  each  side  j  and  when  the  same  can  be 
equally  divided,  each  party  shall  make  and  keep  in  repair 
one-half  part  thereof. 

§  5.  If  any  dispute  shall  arise  concerning  the  division  Disputes, 
of  such  partition  wall  between  the  parties,  or  as  to  what 


326  OF   PARTITION   FENCES   AND   WALLS. 

part  or  portion  of  it  should  be  made  or  repaired  by  each, 
respectively,  or  conceiving  the  sufficiency  of  any  such  par- 
tition wall,  the  same  shall  be  determined  by  the  Alderman 
and  Councilmen  as  aforesaid. 

K  Tnd™&      §  6*  Where  anJ  partition  wall  cannot  be  conveniently 
Pair-  divided,  the  same  shall  be  made  and  kept  in  repair  at  the 

joint  and  equal  expense  of  the  owners  of  the  land  on  each 

side. 
Regulation  of     g  7>  The  reguiation  Of  iots  in  conformity  with  the  street 

shall  be  calculated  not  to  exceed  a  descent  of  two  inches 

on  every  ten  feet. 

HOW  made  &     &  g.  Where  anv  owner  or  owners  shall  insist  on  main- 
kept  in   re- 

*>air-  taining  his,  her,  or   their  ground  higher  than  such  regula- 

tion, the  surplus  partition  wall  which  may  be  necessary  to 
support  such  height,  shall  be  made  and  maintained  at  the 
individual  expense  of  such  owner  or  owners. 

§  9.  Where  any  such  owner  or  owners  shall  insist  on 
regulating  his,  her  or  their  ground  with  a  descent  less  than 
two  inches  on  every  ten  feet,  the  surplus  partition  wall  ne- 
cessary to  support  the  ground  in  the  adjoining  lot,  regu- 
lated in  conformity  with  the  preceding  6th  section,  shall, 
in  like  manner,  be  made  and  maintained  at  the  individual 
expense  of  such  owner  or  owners. 

^^  §  10.  If  any  person  whose  duty  it  may  be  to  make  or 

repair  any  partition  fence  or  partition  wall,  or  any  part 
thereof,  in  pursuance  of  the  provisions  of  this  law,  shall 
neglect  so  to  do,  for  six  days  after  being  requested,  in 
writing,  by  the  owner  or  occupant  of  the  adjoining  ground, 
it  shall  be  lawful  for  such  owner  or  occupant,  to  make,  or 
repair  such  partition  fence  or  wall,  or  cause  the  same  to  be 
done,  and  to  recover  from  such  person  the  expense  of 
making  or  repairing  so  much  thereof  as  ought  to  have  been 


OP   PARTITION   FENCES   AND   WALLS.  327 

made  or  repaired   by  him  or   her,  together  with  costs  of 
suit  in  any  court  having  cognizance  thereof. 

§  11.  All   outside  and  boundary  fences,  and  all  fences  Heisht and 

J  construction 

erected  on  the  line  of  any  public  road,  street,  lane  or  ave-  of  fences, 
nue  in  the  city  of  New  York,  shall  be  at  least  five  feet 
high,:  and  shall  be  built  of  good  and  substantial  materials, 
and  sufficient  in  all  respects  to  keep  out  and  prevent  the 
•  encroachment  of  cattle,  sheep,  hogs  and  other  animals,  and 
.shall  be  kept  in  good  repair,  and  of  the  height  above- 
mentioned. 

§  12.  The  owner  or  owners,  lessee  or  lessees,  tenant  or  Neglect  of  re- 
tenants  of  any  lot,  piece  of  ground  or  premises  upon  which  pa 
any  fence  not  of  the  height,  and  that  shall  not  be  erected 
in  the  manner,  and  maintained  at  the  height  mentioned  in 
the  preceding  section,  or  who  having  so  erected  the  same 
shall  not  keep  the  same  in  good  repair,  shall  not  recover 
for  any  damage  he,  they  or  she  may  sustain  from  any  cattle, 
sheep,  hog  or  other  animal,  doing  damage  upon  his,  their 
or  her  premises;  nor  shall  any  cattle,  sheep,  hog  or  other 
animal  be  placed  in  pound  for  doing  damage,  unless  such 
fence  be  erected  and  kept  of  the  height,  and  in  the  manner 
mentioned  in  the  llth  section. 

§  13.  In  case  of  a'ny  dispute  between  the  parties,  con-  Disputes, 
oerning  any  fence   embraced  within  this  chapter,   or  the 
sufficiency  thereof,   the  matter  shall   be  determined  by  the 
Alderman  and  Councilmen,  for  the  time  being,  of  the  dis- 
trict of  the  ward  in  which  such  fence  may  be  situate. 


328  OF   THE   BLASTING   OF    ROCKS. 


CHAPTER  XXXII. 

OF     THE     BLASTING     OF    ROCKS. 

Regulations       §  1.  In  all  cases  of  blasting  rocks  or  stones  within  the 

for  Blasting. 

city  of  New  York,  south  of  a  line  drawn  across  the  island, 
one  hundred  feet  northerly  of  Eighty-sixth  street,  each 
blast,  before  firing  it,  shall  be  securely  covered  with  six 
timbers,  of  not  less  than  four  inches  thick,  ten  inches  wide 
and  ten  feet  long  each,  to  be  placed  over  and  around  each 
charge,  and  to  be  held  in  place  by  at  least  three  hundred 
pounds  of  large  stones  piled  on  top  of  them. 

Ibid-  §  2.  Three  minutes'  notice,  before  firing  the  blasts,  shall 

be  given,  by  displaying  a  red  flag  on  a  staff,  not  less  than 
ten  feet  high,  set  in  a  conspicuous  place,  within  twenty- 
five  feet  of  the  point  where  the  charge  is  placed,  and  also 
by  calling  out  the  words  "  a  blast,"  several  times  repeated, 
and  loud  enough  to  be  distinctly  heard  at  a  distance  of  two 
hundred  feet  from  the  point  of  discharge. 

penalties.  §  3.  For  every  violation  of  either  of  the  preceding  sec- 
tions of  this  chapter,  the  offending  party,  or,  if  the 
work  be  done  under  a  contract,  the  contractor,  upon  com- 
plaint and  conviction  thereof,  before  a  police  justice,  shall 
be  liable  to  a  fine  of  twenty-five  dollars,  and  stand  com- 
mitted until  the  same  is  paid. 


OF  HOISTWAY8.  329 


CHAPTER  XXXIII. 

OF   HOISTWAYS. 

§  1.  The  owner  or  occupant  of  each  and  every  store  or  Regulations 
Bother  building  in  the  city  of  New  York,  in  which  there  is  and  penalties 
a  hoistway,  shall  cause  the  said  hoistway  on  each  story  of 
said  store  or  other  building,  to  be  forthwith  inclosed  by  a 
good  and  sufficient  railing  around  the  opening  thereof, 
-and  provide  for  the  inclosing  of  such  opening  by  a  trap 
door;  and  each  owner  or  occupant  of  any  such  building 
-or  store,  shall  cause  said  railing  to  be  securely  fastened 
up,  and  said  trap-door  to  be  closed,  on  the  completion  of 
the  business  of  each  day  in  such  store  or  building;  and  for 
every  violation  of  the  provisions  of  this  section,  or  of  any 
of  them,  the  owner  or  owners,  occupant  or  occupants  of 
any  such  store  or  building,  shall  be  liable  to  a  penalty  of 
fifty  dollars  for  each  and  every  offense. 

§  2.  The  penalties  imposed  by  this  chapter,  shall,  when  Recovery  of 
recovered,  be  paid  by  the  Attorney^ to  the    Corporation,  Penaltics> 
to  the  Treasurer  of  the  Fire  Department  of  the  city  of 
New  York,  for  the  use  and  benefit  of  said  Fire  Depart- 
ment. 

§3.  It   shall  be  the  duty  of  the  Fire  Wardens  of  the  Dutyomre 
city  of  New  York  to  examine  into   all,  violations  of  this  NV 

•chapter,   and  to   give,  or  cause   to  be  given,  a  notice  in 
writing,  signed  by  at  least  one  of  them,   to  the  owner  or 

•owners,   occupant  or  occupants,   or  by  leaving  such  notice 
with  any  person  of  suitable  age  on  the  premises,  requiring 

.such  cause  of  violation  to  be  removed  within  ten  days  after 
service  of  such  notice;  if  said  violation  is  not  removed, 
to  report  the  same  in  writing  to  the  Corporation  Attorney. 
22 


330  OF   WEIGHTS   AND   MEASURES. 


CHAPTER    XXXIY. 

OF    WEIGHTS.  AND    MEASURES. 

ARTICLE  I. — OF  THE  DISTRICTS  FOR  SEALING  AND  INSPECTING 

WEIGHTS  AND  MEASURES. 
II. — OF  THE  SEALING  AND  INSPECTING  OF  WEIGHTS 

AND  MEASURES. 
III. — OF  THE  FEES  OF  THE  INSPECTORS  OF  WEIGHTS 

AND  MEASURES. 
IY. — OF  THE  FEES  OF  THE  CITY  SEALERS  OF  WEIGHTS 

AND  MEASURES. 

ARTICLE  I. 

OF  THE    DISTRICTS  FOR    SEALING  AND    INSPECTING  WEIGHTS 
AND   MEASURES, 

First  ^strict  §  1.  All  that  part  of  the  city  of  New  York,  lying  south- 
erly and  westerly  of  a  line  running  from  the  East  river 
through  the  centre  of  Fulton  street  to  Broadway;  thence 
through  the  centre  of  Broadway  to  Bloomingdale  road  at 
Tenth  street;  thence  through  the  centre  of  the  Blooming- 
dale  road  to  Union  place  at  Fourteenth  street;  thence 
through  the  centre  of  Fourteenth  street  to  the  Bowery; 
thence  along  the  easterly  side  of  Union  place  to  the 
Fourth  avenue  ;  and  thence  through  the  centre  of  the 
Fourth  avenue  to  Harlem  river,  shall  be  known  as  the 
First  District  for  the  sealing  and  inspection  of  weights 
and  measures;  and  the  Sealer  and  Inspector  of  Weights 
and  Measures  who  may  be  appointed  for  the  said  First 
District,  shall  be  confined  thereto  in  the  performance  of 
their  respective  duties. 


OF   WEIGHTS   AND    MEASURES.  331 

§2.  All  the  remaining  part  of  the  said  city,  not  em-  second  Dis- 
braced  within  the  limits  of  the  said  First  District,  shall 
be  known  as  the  Second  District,  for  the  sealing  and  in- 
spection of  weights  and  measures  ;  and  the  Sealer  and  In- 
spector of  Weights  and  Measures  who  may  be  appointed 
for  the  said  Second  District,  shall  be  confined  thereto  in 
the  performance  of  their  respective  duties. 

ARTICLE  II. 

OF  THE  SEALING  AND  INSPECTION  OF  WEIGHTS  AND  MEASURES. 

§3.  All  persons  using  weights,  measures,  scale-beams,  AH  weights, 
patent  balances,   steelyards   or   any  other  instrument,   in  sealed  and 
weighing  or  measuring   any  article  intended   to  be  pur- 
chased or  sold  in  the  city  of  New  York,   shall  cause  the 
same  to  be  sealed  and  marked  by  a  City  Sealer  of  Weights 
and  Measures  in  the  said  city. 

§  4.  Any  person  who  shall,  in  weighing  or  measuring  Penalty, 
any  article  for  purchase  or  sale  within  the  city  of  New 
York,  use  any  weight,  measure,  scalebeam,  patent  balance, 
steelyard  or  other  instrument,  not  sealed  and  marked  as 
is  required  by  the  third  section  of  this  chapter,  shall  for- 
feit and  pay  the  sum  of  fifty  dollars  for  each  and  every 
offense. 

§  5.  All  weights,  measures,  scalebeams,  patent  balances,  standard, 
steelyards  and  other  instruments  for  weighing,  to  be 
sealed  and  adjusted  by  a  City  Sealer  of  Weights  and 
Measures  in  the  city  of  New  York,  shall  be  made  conform- 
able to  the  standard  of  the  State;  and  shall  be  marked 
by  him  with  the  initials  of  his  name,  and  the  year  in  which 
the  same  shall  be  sealed  and  marked. 

§  6.  If  any  person  shall  use  in  the  city  of  New  York,  penalty. 
in  weighing  or  measuring,  as   aforesaid,  any  weight,  mea- 


332  OF   WEIGHTS   AND    MEASURES. 

sure,  scalebeam,  patent  balance,  steelyard  or  other  instru- 
ment, which  shall  not  be  conformable  to  such  standard,  or 
shall  use,  in  weighing  as  aforesaid,  any  scalebeam,  patent 
balance,  steelyard  or  other  instrument,  which  shall  be  out 
of  order  or  incorrect,  or  which  shall  not  balance,  he,  she, 
or  they  shall  forfeit  and  pay,  for  every  such  offense,  the 
sum  of  twenty-five  dollars. 

nme  of  in-      §  7.  It  shall  be  the  duty  of  the  Inspectors  of  Weights 

spection. 

and  Measures,  and  each  is  hereby  authorized  to  inspect 
and  examine,  at  least  once  in  each  and  every  year,  and  as 
much  oftener  as  he  may  think  proper,  all  weights,  measures, 
scalebeams,  patent  balances,  steelyards  and  other  instru- 
ments used  in  his  district  in  weighing  and  measuring  as 
aforesaid. 

Rules  of  in-  §  g.  No  person  shall  refuse  to  exhibit  any  weights, 
measures,  scalebeams,  patent  balances,  steelyards,  or  other 
instruments,  to  either  of  said  inspectors,  for  the  purpose 
of  being  so  inspected  and  examined,  under  the  penalty  of 
twent}T-five  dollars  for  every  such  offense. 

ibid.  §  9.  No  person  shall,   in  any  way  or  manner,  obstruct, 

hinder,  or  molest  any  Inspector  of  Weights  and  Measures 
in  the  performance  of  his  duties  as  hereby  imposed  upon 
him,  under  a  penalty  upon  every  such  person,  of  twenty- 
five  dollars  for  every  such  offense. 

ARTICLK  III. 

OF  THE  FEES  OF  THE   INSPECTORS  OF  WEIGHTS  AND  MEASURES. 

Fees  of  in-         $10.  The   said   inspectors  shall  be  entitled  to  demand 

spectors.  r 

and  receive  the  following  fees  for  inspecting  and  examin- 
ing weights,  measures,  scalebeams,  patent  balances,  steel- 
yards, and  other  instruments  for  weighing,  used  in  the 
city  of  New  York,  namely  : 


OP   WEIGHTS   AND   MEASURES.  333 

1 .  For  every  weight   of  fourteen  pounds,  or  upward, 

three  cents. 

2.  For  every  weight  of  a  smaller  denomination,  one 

cent  and  a  half. 

3.  For  every  liquid  measure,  two  cents. 

4.  For  every  yard  and  dry  measure,  three  cents. 

5.  For  every  scalebeam,  patent  balance,  steelyard  or 

other  instrument  used  for  weighing,  three  cents. 

§  11.  All  weights,  measures,  scalebeams,  patent  balances,  Rules  of  in- 
steelyards,  and  other  instruments  used  for  weighing,  shall 
be  inspected  at  the  stores  and  places  where  the  same  may 
be  used;  but  in  case  they,  or  any  of  them,  shall  be  found 
not  conformable  to  the  standard  of  this  State  they  shall 
be  sent  by  the  owner  thereof,  at  his  expense,  to  the  office 
of  the  City  Sealer,  for  the  purpose  of  being  adjusted  and 
sealed,  within  three  days  after  the  owner  thereof  shall  be 
required  so  to  do,  in  writing,  by  the  said  inspector,  under 
the  penalty  of  ten  dollars  for  every  such  neglect. 

§  12.  It   shall  not  be  lawful  for  the  said   inspectors  to  Fees  of  in- 

spection      to 

made  the   aforesaid  charges  for  inspecting  and  examining  Jjjt  ^gea 
weights,  measures,  scalebeams,  patent  balances,  steelyards  year> 
or  other  instruments  used  for  weighing,  more  than  once  in 
each  year,  unless  they  shall  be  found  to  be  not  conform- 
able to  the  said  standard. 

§  13.  It  shall  be  the  duty  of  each  of  the  said  inspectors  Record  of  in- 

J  .       spection.- 

to  make  a  register  of  all  the  weights,  measures,  scale- 
beams, patent  balances,  steelyards  and  other  instruments 
used  for  weighing,  inspected  by  him,  in  which  he  shall 
state  the  names  of  the  owners  of  the  same,  and  whether 
they  are  conformable  to  the  standard  of  the  State. 

§  14.  It  shall  also  be  the  duty  of  the  said  inspectors  to  Report  of  in- 

correct 

report,  forthwith,  to  the  Sealer  of  Weights  and  Measures,  weights,  &c, 


334  OF   WEIGHTS   AND   MEASURES. 

the  names  of  all  persons  whose  weights,  measures,  scale- 
beams,  patent  balances,  steelyards  or  other  instruments 
used  for  weighing,  shall  be  found  to  be  incorrect. 

§  15.  It  shall  also  be  the  duty  of  the  said  Inspectors  of 
Weights  and  Measures,  once  in  every  three  months,  to 
deliver  a  copy  of  the  register  made  or  kept  by  them,  as 
mentioned  in  13th  section  of  this  chapter,  during  the  pre- 
ceding quarter  of  the  year,  to  the  Clerk  of  the  Common 
Council. 
Reporttocor-  §  16.  It  shall  be  the  duty  of  the  Inspectors  of  Weights 

poration    At-  J 


an(j  Measures  and  Sealer  of  Weights  and  Measures,  to 
report,  forthwith,  to  the  Attorney  of  the  Corporation,  the 
names  and  places  of  business  of  all  persons  violating  this 
chapter,  and  of  all  persons  making  use  of  any  fraudulent 
or  unsealed  weights  and  measures,  guage  or  balances. 

£sapeecstoarsd  §17-  It  shall  not  be  lawful  for  the  said  inspectors  or 
.  sealers  to  vend  any  weights,  measures,  scalebeams,  patent 
balances,  steelyards  or  other  instruments  to  be  used  for 
weighing,  or  to  offer  or  expose  the  same  for  sale  in  the  city 
of  New  York,  under  the  penalty  of  fifty  dollars  for  every 
such  offense. 

ARTICLE  IV. 

OF  THE  FEES  OF  THE  CITY  SEALERS  OF  WEIGHTS  AND  MEASURES. 

Fees  of  seal-  §18.  The  said  Sealers  of  Weights  and  Measures  shall 
be  entitled  to  demand  and  receive  the  following  fees  for 
their  services  : 

For  sealing  and  marking  every  scalebeam,  patent  bal- 
ance, steelyard  or  other  instrument  used  for  weighing  in 
the  city  of  New  York,  twelve  and  a  half  cents. 

For  sealing  and  marking  measures  of  extension,  at  the 
rate  of  twelve  and  a  half  cents  per  yard,  not  to  exceed 
fifty  cents  for  any  one  measure. 


ers. 


OF   WEIGHTS   AND   MEASURES.  335 

For  sealing  and  marking  every  weight,  three  cents. 

For  sealing  and  marking  liquid  and  dry  measures:  for 
every  measure  under  one  gallon,  three  cents  ;  for  one  gal- 
lon and  over,  twelve  and  a  half  cents  each. 

For  sealing  and  marking  every  measure  of  half  a  bushel, 
twelve  and  a  half  cents;  for  every  measure  of  two  bushels, 
seventy-five  cents  ;  and  for  every  measure  of  three  bushels 
and  over,  one  dollar. 

The  said  sealer  shall  also  be  entitled  to  a  reasonable 
compensation  for  making  such  weights  and  measures  con- 
form to  the  standard  established  by  law. 

§  19.  Whenever   any  Sealer  of  Weights   and  Measures  standard 
shall  resign,  be  removed  from  office,  or  remove  from  the  Mceafurcs,a  ( 

custody  of. 

city,  it  shall  be  the  duty  of  the  person  so  resigning,  re- 
moving or  removed,  to  deliver,  at  the  City  Inspector's 
office,  all  the  standard  beams,  weights  and  measures  in  his 
possession. 


336  OP  THE   PUBLIC   MARKETS. 


CHAPTER   XXXY. 

OF    THE    PUBLIC     MARKETS. 

ABTICLE  I. — OF  MARKETS  AND  MARKET  DAYS. 
II. — OP  CLERKS  OP  THE  MARKETS. 
III. — OF  BUTCHERS. 
IV. — OF  MARKET  FEES. 
Y. — OF  GENERAL  RULES  AND  REGULATIONS. 

ARTICLE   I. 

OP  MARKET  AND  MARKET  DAYS. 

§  1.  The  following  places  are  hereby  severally  designa- 
ted and  declared  to  be  the  public  markets  of  the  city  of 
New  York,  to  wit:  Catharine  market,  Centre  market, 
Clinton  market,  Essex  market,  Franklin  market,  Fulton 
market,  Gouverneur  market,  Monroe  market,  Greenwich 
market,  Jefferson  market,  Tompkins  market,  Washington- 
market  and  Union  market. 

Hay  market  §  2.  The  ground  formerly  occupied  for  a  market  at  the 
foot  of  Grand  street,  East  river,  is  hereby  declared  to  be 
a  hay  market.  Provided  always,  that  the  carts  or  wagons 
shall  stand  in  one  line  only. 

Market  days,  g  3  Every  day  in  the  week?  excepting  Sunday,  shall  be 
a  public  market  day  within  the  city. 

^Tandf3  §  4-  The  Comptroller,  under  the  direction  of  the  Com- 
mon Council,  shall,  from  time  to  time,  lease  at  auction,  pur- 
suant to  law,  for  one  or  more  years,  all  the  butchers'  stalls, 
and  so  many  of  the  stands  for  fishermen,  country  people,  and! 
sellers  of  vegetables  and  fruit,  as  they  may  think  proper. 

Rentofstalls,       g  5     The  reat  of  ^  gtaljg  and  gtands  in  faQ  public  mar- 

kets  shall  be  payable  daily,  under  condition  of  forfeiture; 


OP   THE   PUBLIC   MARKETS.  337 

and  it  shall  be  the  duty  of  the  clerks  of  the  respective 
markets  to  collect  the  same,  each  day,  and  pay  over  the 
amount  thereof,  together  with  all  other  fees,  to  the  City 
Chamberlain,  on  Thursday  in  every  week. 

ART1CLK  II. 

OP   CLERKS   OP   THE   MARKETS. 

§  6.  It  shall  be  the  duty  of  the  clerks  of  each  market,  opening  and, 

J  closing  of 

provided  with  a  market  bell,  to  cause  the  same  to  be  rung  Market3- 
for  five  minutes  previously  to  the  closing  of  such  market 
on  every  market  day.  and  every  butcher  or  other  person 
attending  such  market,  with  articles  for  sale,  who  shall 
remain  within  the  limits  of  the  same  for  fifteen  minutes 
after  the  bell  shall  have  been  rung  as  aforesaid,  for  the 
purpose  of  selling  or  exposing  for  sale  any  article  or 
thing,  shall  forfeit  and  pay  five  dollars  for  every  such 
offense. 


&  7.  It  shall  be  the  duty  of  the  said  clerks  to  examine 

*  some  food, 

all  articles,  in  each  of  their  markets  respectively,  which  examination. 
they  may  suspect  to  be  unwholesome  or  stale,  or  blown, 
plaited,  raised  or  stuffed  meat,  or  measly  pork,  or  flesh  of 
animals  dead  by  accident  or  disease,  or  known  or  suspec- 
ted to  be  diseased  at  the  killing  of  the  same.  And  no  per- 
son shall  hinder,  obstruct  or  molest  any  clerk  in  the  per- 
formance of  the  duty  herein  enjoined,  under  the  penalty 
of  fifty  dollars  for  each  offense. 

§  8.  It  shall  be  the  duty  of  the  said  clerks  to  assign  and  duce.en  pr°" 
set  apart  certain  portions  of  the  street  at  or  near  the  said 
public  markets,  for  the  purpose  of  exposing  for  sale  and 
selling  garden  produce;  and  no  person  shall  expose  for 
sale  or  sell  any  garden  produce  or  other  thing  whatsoever, 
in  any  street  at  or  near  the  said  public  markets,  other 


338  OF   THE   PUBLIC    MABKETS. 

than  in  the  place  or  places  so  assigned  and  set  apart  by 
the  said  clerks,  under  the  penalty  of  ten  dollars  for  every 
such  offense. 
oenerai  AT-      &  9.  It  shall  be  the  duty  of  the   said  clerks,  to  give  di- 

rangements. '         »  J  ° 

rectioiis  respecting  the  arrangement  or  removal  of  any 
article,  vehicle,  cart,  wagon,  box,  basket  or  other  thing,  in 
the  market,  or  streets  adjoining  thereto.  And  any  per- 
son who  shall  neglect  or  refuse  to  obey  such  direction, 
shall  forfeit  and  pay,  for  every  such  offense,  the  sum  of 
twenty-five  dollars. 

Ibid>  §  10.  In  case  of  the  refusal  or  neglect  to  obey  the  direc- 

tions of  the  said  clerks  or  either  of  them,  it  shall  be  law- 
ful for,  and  shall  be  the  duty  of  the  said  clerk  of  any  such 
market,  forthwith  to  remove,  or  cause  such  article,  cart, 
vehicle,  wagon,  box,  basket,  or  other  thing,  to  be  removed 
to  such  place  as  he  shall  have  previously  directed,  or  to 
such  other  place  as  he  shall  think  proper  in  such  market  or 

street  adjoining  thereto. 

• 
ibid.  §11.  If  such  article,  cart,  vehicle,  wagon,  box,  basket, 

or  other  thing  shall  be  replaced,  after  having  been  re- 
moved, as  provided  in  the  last  preceding  section  of  this 
chapter,  or  shall  remain  in,  or  incumber  or  obstruct,  such 
market  or  street  adjoining  thereto,  it  shall  be  lawful  for, 
and  shall  be  the  duty  of  the  clerk  of  such  market,  to  order 
and  cause  the  same  to  be  removed  into  the  yard  of  the 
Superintendent  of  Repairs  to  Public  Buildings  of  the  city 
of  New  York,  or  other  suitable  place  within  the  said  city. 

suspension  or  §  12.  The  said  clerks  shall  have  power  to  suspend  any 
ta™s!Staaor  person  having  a  stated  stall  or  stand  in  any  public  market, 
or  occupying  any  part  of  said  market,  or  the  streets  ad- 
joining the  same,  from  occupying  or  using  any  part  of 
such  market,  or  the  streets  adjacent  thereto,  whether  such 
person  be  a  licensed  butcher  or  not:  and  the  said  clerk 


OF   THE   PUBLIC    MARKETS.  339 

shall,  immediately  after  such  suspension,  report  to  the  Su- 
perintendent of  Markets  the  reasons  of  such  suspension, 
and  the  decision  of  said  Superintendent,  in  all  cases,  shall 
be  final. 

§  13.  In  case  of  such  suspension,  the  said  clerk  making  suspension  of 

r  D  persons  hav- 

such  suspension  shall,  with  all  convenient  dispatch,  make  [Jj^J*11* or 
a  report  of  the  same  in  writing,  with  the  reasons  therefor, 
to  the  Superintendent  of  Markets. 

§  14.  No  person,  suspended  as  aforesaid,  after  being  Ibid- 
served  with  a  written  notice  of  such  suspension,  shall  oc- 
cupy any  part^of  such  market,  or  the  streets  adjoining  the 
same,  with  any  thing  whatsoever,  until  the  said  Superin- 
tendent shall  have  acted  in  the  matter,  and  either  restored 
such  person,  or  confirmed  the  said  suspension  and  removed 
such  person  from  the  market,  under  the  penalty  of  ten  dol- 
lars for  each  offense. 

§  15.  The  said  clerks  shall  keep  a  list  of  the  names  of  List   to   be 

,,  i     -i  -i  •  •  kept  by  clerk 

all  persons  holding  permits  from  the  Superintendent  of 
Markets,  and  shall  interchange  such  lists  with  each  other, 
from  time  to  time,  at  least  once  in  every  three  months. 

§  16.  In  case  of  suspicion  respecting  the  weight  of  any  suspicion  of 

°  short  weight, 

article  sold,  or  offered  for  sale  by  weight,  or  of  the  quan-  ^hn°e^  dc 
tity  of  any  article  sold  or  offered  for  sale  by  measure,  in 
any  of  the  public  markets,  market  places  or  streets  con- 
tiguous thereto,  it  shall  be  the  duty  of  the  said  clerk  of 
such  market,  to  weigh  or  measure  the  same;  and  if  any 
such  article  shall  be  found  deficient  in  weight,  or  measure, 
the  person  selling  or  offering  the  same  for  sale,  shall  for- 
feit and  pay  ten  dollars  for  each  offense. 

§  17.  It  shall  be  the  duty  of  the  said  clerks,  once  in  inspection  or 

weights   and 

every  month,  or  oftener  if  they  shall  think  fit,  to  inspect  ™rksres  by 
and  examine  all  the  weights,  measures  and  beams  used  in 


340  OP    THE   PUBLIC    MARKETS. 

weighing  or  measuring  in  their  respective  markets,  or  in 
the  streets  at  or  near  the  said  markets.  And  if  any  person 
shall  neglect  or  refuse  to  exhibit  his  or  their  weights,  mea- 
sures or  beams,  or  any  of  them,  for  the  purpose  of  examina- 
tion or  inspection  as  aforesaid,  or  shall  obstruct,  hinder  or 
molest  either  of  the  said  clerks,  in  the  performance  of  the 
duties  enjoined  by  this  section,  he,  she  or  they  shall  for- 
feit, for  every  such  offense,  the  sum  of  twenty-five  dol- 
lars. 

§  18«    Jt   Slia11  be    the    dutJ  °f   the    Said  Clei>ks  t0    attGnd 

constantly  in  their  respective  markets,,  from  sunrise  to  the 
close  of  the  market,  for  the  purpose  of  carrying  the  provi- 
sions of  this  chapter  into  effect. 

§  19«  Jt  sha11  be  tne  dut7  of  tbe  said  clerks  to  keep  a 
list  of  all  persons  holding  stalls  or  stands  in  their  respec- 
tive markets;  and  the  said  clerks  are  hereby  enjoined  and 
required  forthwith  to  report  all  violations  of  any  of  the 
provisions  of  this  chapter  to  the  Attorney  of  the  Corpora- 
tion, for  prosecution. 

KfSE'    §  2°- Jt  sha11  be  the  duty  °f  the  Clerk  of  Fulton  Mar- 

ket  to  cause  chains  to  be  placed  across  the  entrance  of  the 
inner  court  or  square  ot  said  market,  immediately  after 
the  ringing  of  the  first  bell  of  said  market,  leaving  a  space 
sufficiently  large  for  the  admission  of  foot  passengers  with- 
in the  said  court, 
clerk  at  Fui-  R  21.  The  Clerk  of  Fulton  Market  shall  attend  daily  at 

ton  market. 

the  said  market,  from  the  closing  of  the  same  until  ten 
o'clock  at  night,  and  also  on  Sundays,  for  the  purpose  of 
preventing  disorderly  assemblages  of  persons,  and  of  ar- 
resting all  vagrants  and  persons  who  shall  be  found  at  the 
said  market  disturbing  the  peace. 

§  22-  Jt  sha11  ke  the  duty  of  tbe  sa'ld  clerks  to  exclude 
from  their  respective  markets  all  persons  who  shall  be;  en- 


OF  THE   PUBLIC    MARKETS.  341 

gaged  in  combinations  to  raise  the  price  of  provisions,  or 
who  shall  have  been  guilty  of  forestalling  therein;  and  the 
said  clerks  shall  also  report  forthwith  to  the  said  Superin- 
tendent, the  names  of  all  persons  engaged  in  any  of  the 
said  practices. 

§  23.  The  clerk  of  each  market  now  in  the  city  of  New  Persons  wan- 

ting employ- 
York,  or  which  may  be  hereafter  erected  therein,  shall  as-  mont- 

sign  some  proper  and  convenient  place  in  his  market,  for 
persons  wanting  employment,  to  stand,  and  to  which  those 
having  occasion  to  hire,  may  also  resort  for  their  mutual 
accommodation. 


§  24.  The  clerks  of  the  respective  markets  shall  report, 
at  least  once  in  three  months,  to  the  City  Inspector,  the  Rents- 
amount  of  fees  and  rents  received  by  them  from  persons 
occupying  stalls  and  stands  in  the  public  markets,  and  who 
are  permanent  occupants,  stating  particularly  the  names 
of  the  different  occupants,  and  the  amount  each  of  them 
pay,  and  how  often  they  pay. 

ARTICLE    III. 

OF  BUTCHERS. 

§  25.  The  Mayor  of  the  city  of  New  York  shall,  from  ^nbsccrs,  l  Jor 
time  to  time,  issue  licenses,  under  his  hand  and  seal,  to  markcls- 
exercise  and  carry  on  the  trade  and   business  of  butchers, 
in  such  public  market  as  may  be  designated  in  such  li- 
censes. 

§  26.  All  licenses  so  issued,  or  which  have  been  issued  Duration  of 

Licenses. 

heretofore,  shall  expire  and  cease  on  the  first  Monday  of 
December,  after  the  granting  thereof,  and  shall  be  renewed 
by  the  said  Mayor. 

§  27.  For  every  license  issued  as  aforesaid,  shall  be  paid  Licensc  fee- 
the  sum  of  one  dollar  to  the  Mayor,  on  granting  the  same; 


342  OF  THE   PUBLIC   MARKETS. 

and  for  every  renewal  of  such  license,  the  sum  of  twenty- 
five  cents. 

Butchers  in       §  28.  No  person  shall  exercise  or  carry  on  the  trade  or 

markets  tobe  J 

business  of  a  butcher,  or  any  branch  or  part  thereof,  in  the 
public  markets,  without  being  licensed  or  permitted  for 
that  purpose,  by  or  under  the  authority  of  the  A Common 
Council,  under  the  penalty  of  fifty  dollars  for  each  offense. 

persons  not      §  29.  No  person,  other  than  those  licensed  so' to  do,  shall 

without   LI-  cut  up,  in  any  of  the  markets  of  the  city  of  New  York,  any 

beef,  pork,  veal,  mutton  or  lamb,  and  sell  or  expose  the 

same  for  sale,  by  the  joint  or  in  pieces,  under  the^penalty 

of  fifty  dollars  for  each  offense. 

fhJfrs0^neat  §  30.  No  licensed  butcher,  or  his  agent  or  servant,  shall 
cut  up,  or  expose  for  sale,  or  sell  any  beef,  pork,  veal,  mut- 
ton or  lamb,  in  any  part  of  any  of  the  public  markets, 
other  than  at  his  own  licensed  stall,  under  the  penalty  of 
ten  dollars  for  each  offense. 

scaifbeams        §31.  Every  butcher  shall  have  and  use  his  own  scale- 

tkm,r&?ula"  beams    and  weights,  which   shall  be    suspended   in  some 

conspicuous  place  in  front  of,  or  at  the  side  of  his  stall, 

on  a  line  parallel  with   the  front  of  his  stall,  under  the 

penalty  of  five  dollars  for  every  day's  omission  or  neglect. 

Ibid-  §  32.  The  last  preceding  section  shall  not  be  construed 

to  prevent  any  two  butchers,  whose  stalls  are  adjoining 
each  other,  from  using  one  set  of  scales  and  weights  in 
common,  provided  the  same  be  suspended  in  a  conspicuous 
place  on  a  line  with,  and  between  the  said  stalls. 

weights,  &c.       §  33.  No  butcher  or  other  person  shall  use,  within  the 

to  be  sealed.  ,.  ,  , 

limits  of  any  public  market,  any  weight,  measure  or  beam 
which  is  not  sealed  by  the  Sealer  of  Weights,  Measures 
and  Beams,  under  the  penalty  of  ten  dollars  for  each 
offense. 


OF   THE   PUBLIC   MARKETS.  34$ 

ARTICLE  IY. 

OF    MARKET    FEES. 

§  34.  The  following  shall  be  the  rent  or  daily  payment 


to  be  demanded  and  received  by  the  clerks  of  the  several  sti 
markets,  for  the  occupation  of  unrented  stalls  or  stands,  to 
be  collected  by  the  said  clerks,  immediately  on  such  stall 
or  stand  being  occupied,  to  wit: 

1.  For  a  stand  for  the  sale  of  vegetables  and  fruits 

out  of  the  country  market,  one  shilling  per  day. 

2.  For  every  stand  for  a  fisherman,  six  cents  and  one 

quarter  per  day. 

3.  For  every  stand  occupied  by  a  countryman  bringing 

the  produce  of  his  own  farm  to  market,  six  cents 
and  one  quarter  a  day. 

4.  Whenever  another  person  shall  be  employed,  he 

shall  be  considered  an  agent,  and  if  he  be  agent 
for  one  farmer  only,  he  shall  pay  fifty  cents  for  a 
stand  per  day. 

5.  "Whenever  a  person  is  agent  for  more  than  one  per- 

son, he  shall  pay  fifty  cents  for  each  agency,  not 
exceeding  two  dollars  per  day. 

6.  If  the  captain  of  a  vessel,  or  one  of  his  hands,  comes 

to  the  market  with  the  produce  brought  in  the 
vessel,  he  shall  pay  fifty  cents  for  a  stand  per  day. 

7.  If  the  captain  of  a  vessel  employs  any  other  agent 

than  one  of  his  own  hands,  such  agent  shall  pay 
two  dollars  per  day. 

8.  All  women  hucksters,  twenty-five  cents  per  day. 

9.  All  men  hucksters,  fifty  cents  per  day. 

§  35.  No  person  or  persons  shall'occupy  any  part  of  any  stands  near 

"'the  markets 

public  market,  or  the  streets  contiguous  thereto,  within  the  prohibited. 


344  OF   THE   PUBLIC   MARKETS. 

distance  of  three  hundred  yards  from  any  part  of  such  mar- 
ket, for  the  purpose  of  exposing  and  offering  for  sale  and 
selling  any  article  or  thing  whatsoever,  without  having 
first  paid  the  rent  or  market  fees,  according  to  the  rates 
specified  in  the  34th  section  of  this  chapter,  when  demand- 
ed by  the  clerk  of  the  said  market,  under  the  penalty  of 
twenty-five  dollars  for  every  such  offense. 

ARTICLE    V. 

GENERAL  RULES  AND  REGULATIONS. 

tobSSstaS  §  36-  No  person  shall  sell  or  expose  for  sale  any  meat, 
beef,  mutton,  veal  or  lamb,  in  any  of  the  said  public  mar- 
kets, other  than  at  a  butcher's  stall,  under  the  penalty  of 
ten  dollars  for  each  offense. 

countrymen.  §  37.  The  last  preceding  section  shall  not  be  construed 
to  prevent  countrymen  from  bringing  to  market  and  selling 
the  meats  raised  and  slaughtered  on  their  own  farms. 

S 

Articles  of        §38.  No  person  shall  sell  or  expose  for  sale  any  article 

provision    to 

st?a?isldat  °^  ProYisi°n»  or  other  thing  whatsoever,  in  any  market  or 
the  limits  thereof,  or  in  any  street  within  the  distance  of 
three  hundred  yards  from  any  part  of  such  market,  except 
at  a  stall  or  stand,  to  be  hired  by  such  person  of  the  clerk 
of  the  said  market,  under  the  penalty  of  ten  dollars  for 
each  offense. 

unwhoie-         §39-  No-  butcher  or  other  person  shall  sell,  or  offer,  or 
some  provis-  exp0ge  for  ga]e  }n  anv  Of  ^ne  public  markets,  or  in  any  part 

of  the  city  of  New  York,  any  unwholesome  or  stale  articles 
of  provisions,  or  any  flesh  of  any  animal  dead  by  accident 
or  disease,  or  known  or  suspected  to  be  diseased  at  the 
killing  of  the  same,  under  the  penalty  of  twenty-five  dollars 
for  each  offense. 


Ibid. 


§  40.  No  person  shall  bring  into  any  market  or  the  limits 
thereof,  or  offer,  or  expose  for  sale,  any  blown,  plaited, 


OP   THE   PUBLIC    MARKETS.  345 

raised  or  stuffed  meat,  within  the  city  of  New  York,  under 
the  penalty  of  ten  dollars  for  each  offense. 

§  41.  No  butcher  or  other  person  shall,  between  the  first  Gut  fatheads 

oi'sbeep,  Ac. 

day  of  May  and  the  first  day  of  November  in  any  year, 
bring  into,  or  place,  or  suffer,  or  permit  to  be  brought  into, 
or  placed  in  any  market,  any  untried  fat,  commonly  called 
gut  fat;  nor  at  any  time  or  season,  the  head  of  any  sheep 
or  lamb,  unless  the  same  shall  be  skinned  and  properly 
cleaned;  nor  any  sheep  or  lamb  in  carcass  or  quarter,  with 
any  foot  or  trotters  thereto;  nor  any  hides  or  skins,  ex- 
cepting calves'  skins,  under  the  penalty  of  ten  dollars  for 
each  offense. 

§42.  No  person    shall,    at  any  time,    bring  into    any  Back  shad, 
market,  or  sell,  or  offer  or  expose  for  sale,  in  any  public 
market   or   other   place  in  the   city   of  New  York,  any 
meagre  or  back  shad,  under  the  penalty  of  ten  dollars  for 
every  such  offense. 

§  43.  No  person  or  persons,  shall   sell,  or   expose  for  sales  of  Freeh 

FisJj. 

sale,  any  fresh  fish  in  any  of  the  said  markets,  or  the 
streets  contiguous  thereto,  excepting  fishermen,  or  persons 
who  shall  have  purchased  the  fish  at  the  fishing  places, 
from  the  fishermen,  under  the  penalty  of  ten  dollars  for 
each  offense. 

§  44.  No   person    shall   sell,    or  expose   for  sale,    any  Poultry,  eggs 

J   and  butter. 

poultry,  eggs,  or  butter,  in  any  of  the  said  markets,  or 
streets  contiguous  thereto,  except  the  same  shall  have 
been  raised  on  the  farm  of  such  person,  or  unless  such 
person  shall  have  been  himself  or  herself  into  the  country, 
and  there  purchased  the  same  from  the  farmer  who  raised 
the  same,  under  the  penalty  of  ten  dollars  for  each 
offense. 

§  45.  Any  person   having  market  produce  in  any  of 

' 


346  OF   THE   PUBLIC   MARKETS. 

said  markets,  of  which  he  is  not  the  owner,  shall,  when 
required  by  the  clerk  of  said  market,  procure  a  written 
authority  from  the  owner  of  such  produce,  describing  the 
quantity  thereof,  and  authorizing  such  person  to  sell  the 
same;  and  any  person  who  shall  neglect  or  refuse  to  pro- 
duce such  authorization,  or  who  shall  produce  a  fictitious 
or  false  one,  shall  be  considered  a  forestaller  in  the  said 
market,  and  shall  forfeit  and  pay  for  every  such  offense, 
the  sum  of  twenty-five  dollars. 

Butter.  §  46.  No  person  shall  sell,  or  offer,  or  expose  for  sale 
in  any  of  the  public  markets  or  the  limits  thereof,  any 
butter,  except  by  weight,  under  the  penalty  of  five  dollars 
for  every  such  offense. 

i^id.  §  47.  No  person  shall  sell,  or  offer,  or  expose  for  sale  in 
any  of  the  public  markets  or  the  limits  thereof,  any  butter 
in  less  quantities  than  in  rolls,  one  pound  weight  each, 
-without  any  fraction  of  a  pound,  or  if  the  butter  be  con- 
tained in  tubs,  pails  or  firkins,  the  same  shall  be  sold  by 
the  tub,  pail  or  firkin,  and  by  no  less  quantity,  under  the 

penalty  of  five  dollars  for  each  offense. 
i 

ibid.  §  48.  No  person  shall  sell,  or  offer,  or  expose  for  sale, 
in  any  of  the  markets,  or  the  limits  thereof,  any  butter,  in 
any  vessel,  other  than  such  as  hath  the  weight  of  such 
vessel  marked  thereon,  before  the  same  is  brought  into 
the  market,  under  the  penalty  of  five  dollars  for  each 
offense. 

Hucksters  to      §  49.  No  person,  commonly  called  a  huckster,  shall  sell 
have  a  per-  or  exp0ge  for  ga]G)  jn  any  of  ft}Q  pub]ic  markets,  or  in  any 

street  within  the  city  of  New  York,  any  provisions  or 
articles  of  any  kind,  excepting  vegetables  or  fruit,  with' 
out  having  received  a  permit  for  the  sale  of  the  same,  un- 
der the  penalty  of  ten  dollars  for  each  offense. 


OP  THE   PUBLIC   MARKETS.  347 

§  50.  No  person  shall  occupy  any  part  of  the  said  Permits  gen- 
markets  or  market  places,  for  the  purpose  of  selling  or 
exposing  for  sale,  any  article  or  thing  whatsoever,  with- 
out having  first  obtained  a  permit  in  writing  for  that 
purpose,  and  having  the  same  registered  with  the  deputy 
clerk  of  said  market,  under  the  penalty  of  twenty-five 
dollars  for  each  offense. 

§  51.  No  provisions,  country  produce  or  other  article,  Forestalling. 
which  shall  have  been  sold  or  bargained  for  in  any  man- 
ner after  its  arrival  in  the  city  of  New  York,  shall  be 
exposed  for  sale,  or  sold  in  any  of  the  public  markets  of 
the  said  city,  under  the  penalty  of  ten  dollars  for  each 
offense. 


§  52.  No  person  shall  purchase,  in  any  public   market 
until  after  the  hour  of  twelve  o'clock  at  noon,  any  provi-  sella&ain- 
sions  or  articles  of  any  kind,  with  intent  to  sell  the  same 
again  at   any  place  in  the  city  of  New  York,  under  the 
penalty  of  ten  dollars  for  each  offense. 

§  53.  No  licensed  butcher,  or  any  other  persons,  shall  Market  hours 
sell  or  expose  for  sale,  any  kind  of  meat,  or  other  article, 
in  any  of  the  said  public  markets,  or  the  limits  thereof 
after  the  hour  of  one  o'clock  in  the  afternoon  of  each  day, 
between  the  first  day  of  May  and  the  last  day  of  October, 
in  every  year;  nor  after  the  hour  of  two  o'clock  in  the 
afternoon  of  each  day  between  the  first  day  of  November 
and  the  last  day  of  April  in  every  year,  except  on  Satur- 
day, nor  on  that  day  after  the  hour  of  eleven  o'clock  in 
the  evening,  under  the  penalty  of  five  dollars  for  each 
offense. 


§  54.  Every    cart,  wagon  or   other   vehicle,    in   which  Removal  of 
tides  shall  be   brought  to  market,   or  which  shall  come  °a 
within  the  limits  of  any  market,  shall  be  removed  there- 


348  OP   THE  PUBLIC   MARKETS. 

from,  at  or  before  seven  o'clock  in  the  morning  of  each 
day,  between  the  first  day  of  May  and  the  first  day  of 
October,  and  at  or  before  eight  o'clock  in  the  morning  of 
each  day  during  the  remainder  of  the  year,  under  the 
penalty  of  five  dollars  for  each  offense,  to  be  paid  by  the 
owner  or  person  having  charge  thereof. 

§SM£-  d  §  55.  Every  cart,  wagon,  or  other  vehicle,  in  which 
any  garden  produce  or  other  thing  shall  be  brought  to 
market,  shall  be  unloaded  immediately,  on  its  arrival  at 
the  said  market,  and  forthwith  removed  from  the  said 
market  or  the  limits  thereof,  under  the  penalty  of  ten  dol- 
lars for  every  refusal  or  neglect  to  remove  the  same,  to  be 
recovered  from  the  owner  or  owners,  or  person  or  persons, 
having  charge  thereof,  severally  and  respectively. 


,valprof  §  56-  All  carts>  wagons,  or  other  vehicles,  and  all  boxes, 
&c.  baskets  or  other  things,  and  all  market  produce  or  other 
articles  whatsoever,  which  shall  not  be  removed,  as  di- 
rected by  the  clerks  of  their  respective  markets,  as  here- 
inbefore in  this  chapter  provided,  shall  be  removed  by 
the  said  clerks  to  the  Corporation  yard;  and  such  part 
thereof  as  will  pay  the  penalty  imposed  by  this  chap- 
ter, shall  be  forthwith  sold,  and  the  said  penalty,  when 
thus  received,  shall  be  paid  over  by  the  said  deputy  clerks 
to  the  Chamberlain  of  the  city. 

§  57.  The  said  clerks  shall  also  sell  so  much  of  the 
said  article  or  thing  as  will  pay  the  expense  of  removal, 
and  the  remainder  thereof  shall  continue  in  the  place  to 
which  it  was  removed,  until  the  owner  thereof  shall  pay 
to  the  said  clerk,  for  the  use  of  the  city  of  New  York, 
the  sum  of  six  cents  for  every  cart  or  wagon  load  thereof, 
for  every  day  the  same  shall  have  remained  in  the  said 
place  of  removal, 


OF   THE   PUBLIC   MARKETS.  349 

§  58.  The  owner  of  every  cart  or  other   vehicle  used  Name  to  be 

paiuied      on 

for  the  purpose  of  bringing  meat,  garden  produce  or  other  "vehicles. 
thing,  to  any  of  the  public  markets  to  be  sold,  shall  cause 
his  or  her  name  to  be  painted,  in  a  plain  manner,  and  on 
a  conspicuous  part  of  such  cart  or  other  vehicle,  under  the 
penalty  of  five  dollars  for  every  time  the  same  shall  be  used 
or  driven  in  the  city  of  New  York,  without  such  name,  to 
be  recovered  from  the  owner  or  driver  thereof,  severally 
and  respectively. 

§  59.  The  last  preceding  section  shall  not  be  construed  ibid. 
to  apply  to   the  carts  used  by  licensed  cartrnen  of  this 
city,   nor  to  wagons,  carts   or   other   vehicles,  owned  by 
countrymen  and  bringing   such  countrymen's  produce  to 
market. 

§  60.  No  butcher   or    other  person  shall  erect,  under 
his  shambles  or  stall,  in  any  market,  any  box,  drawer  or 


closet,  which  shall  approach  within  twelve  inches  of  the 
floor  of  the  market,  under  the  penalty  of  five  dollars  for 
each  offense. 

§61.  No  person  shall  bring  into   any  market  any  ar-  Goods  tote 
tides  intended  for   sale,  which  shall  be  conveyed  in  any  exposed' 
covered  chest  or  other  thing,  where  it  is  hidden  from  the 
sight  or  view,   under  the  penalty  of  five  dollars  for  each 
offense. 

§  62.  No  butcher  or  any  other  person  shall  have  or  keep,  Refrigerators 
in  any  of  the  public  markets,  any  refrigerator,  ice-box,  or  •£ 
cask  containing  ice  or  pickle,  unless  the  same  be  placed 
within  the  limits  of,   and  in  the  rear  of  his  stall  or  stand, 
and  be  lined  with  lead  or  some  other  metallic  substance, 
so  as  to  be  water-tight,  and  provided  with  a  pipe  of  lead, 
zinc  or   copper,   leading  therefrom  to  the  nearest  gutter, 
under  the  penalty  of  twenty-five  dollars   for  the  violation 
of  each  and  every  provision  of  this  section. 


350 


OF   THE   PUBLIC    MARKETS. 


Tront. 


Heath  hens. 


Quail. 


Partridges. 


Woodcock. 


Penalties, 
how  recoyer- 
•d. 


§  63.  No  person  shall  expose  for  sale,  or  have  in  his 
or  her  possession,  in  the  city  of  New  York,  any  trout, 
between  the  fifteenth  day  of  October  and  the  fifteenth  day 
of  March,  in  any  year,  under  the  penalty  of  five  dollars 
for  each  trout  so  exposed  for  sale,  or  had  in  possession. 

§  64.  No  person  shall  expose  for  sale,  or  have  in  his 
or  her  possession,  in  the  city  of  New  York,  any  heath-hens, 
between  the  first  day  of  January  and  the  first  day  of 
October,  in  any  year,  under  the  penalty  of  ten  dollars  for 
each  heath-hen  so  exposed  for  sale,  or  so  had  in  possession. 

§  65.  No  person  shall  expose  for  sale,  or  have  in  his  or 
her  possession,  in  the  city  of  New  York,  any  quail,  be- 
tween the  fiftli  day  of  January  and  the  twenty-fifth  day  of 
October,  in  any  year,  under  the  penalty  of  five  dollars  for 
each  quail  so  exposed  for  sale  or  had  in  possession. 

§  66.  No  person  shall  expose  for  sale,  or  have  in  his  or 
her  possession,  in  the  city  of  New  York,  any  partridge, 
between  the  fiftli  day  of  January  and  the  twenty-fifth  day 
of  October,  in  any  year,  under  the  penalty  of  ten  dollars 
for  each  partridge  so  exposed  for  sale,  or  had  in  his  or  her 
possession. 

§  67.  No  person  shall  expose  for  sale,  or  have  in  his  or 
her  possession,  in  the  city  of  (  New  York,  any  woodcock, 
between  the  first  day  of  February  and  the  first  day  of 
July,  in  any  year,  under  the  penalty  of  five  dollars  for 
each  woodcock  so  exposed  for  sale,  or  so  had  in  his  or  her 
possession. 

§  68.  The  above  penalties  may  be  sued  for  and  reco- 
vered in  any  justice's  court,  by  any  person  or  persons  who 
will  prosecute  for  the  same;  in  which  case  one  half  of  the 
said  penalty  shall  go  to  the  person  or  persons  who  shall 
prosecute  to  conviction,  and  the  other  half  to  the  Com- 
missioners of  the  Alms-house,  for  the  benefit  of  the  poor. 


OF  FIREWOOD,  HAY,  STRAW,  LIME  AND  COAL.  351 


CHAPTER  XXXYI. 

OF  THE  SALE,  &c.,  OF  FIREWOOD,  HAY,  STRAW,  LIME  AND 

COAL. 

ARTICLE  I. — OF  FIREWOOD. 

II. — OF  HAY  AND  STRAW. 
III.— OF  LIME. 
IV.— OF  COAL. 

ARTICLE  I. 

OF      FIREWOOD. 

§  1.  No  firewood,  brought  to  this  city  for  sale,  shall  be  Firewood, 

landing    and 

landed  on  any  of  the  docks,  wharves,  or  piers  of  this  city,  carting. 
until  the   same  shall  have  been  sold;  and  all  firewood  so 
sold  and  landed  shall  be  immediately  carried  away,  under 
the  penalty  of  one  dollar  for  every  load  which  may  be  so 
landed  before  sale,  or  not  taken  away  when  sold. 

§  2.  No  firewood  shall  be  sold  otherwise  than  according  Regulations 

r  &  of  sales  ef 

to  the  following  regulations,  that  is  to  say :  the  stanchions  Firewood, 
of  each  cart  or  sled  which  shall  be  employed  in  the  car- 
rying of  such  wood,  shall  be  five  feet  four  inches  high 
from  the  floor  of  the  cart  or  sled,  and  no  higher;  and  the 
breadth  of  such  cart  or  sled,  between  the  two  foremost 
stanchions,  shall  be  two  feet  five  inches,  and  between  the 
two  hindmost  stanchions,  two  feet  nine  inches  and  no 
more;  in  which  space  between  the  said  stanchions,  every 
cartman  who  shall  cart  any  wood,  shall  stow  as  much  and 
as  close  together  as  can  conveniently  be  put,  or  as  much 
of  it  as  will  amount  to  thirty-seven  feet  ten  inches  and 
two-thirds  of  an  inch,  cubic  measure,  which  shall  consti- 


352  OP  FIREWOOD,  HAY,  STRAW,  LIME  AND  COAL. 

tute,  and  be  deemed  a  load,  and  shall  and  may  be  bought 
and  sold  accordingly. 

penalties.  §  3.  No  person  or  persons  shall  buy  or  sell  any  firewood, 
contrary  to  the  above  regulations;  and  no  cartman  shall 
cart  any  firewood  brought  to  this  city  for  sale,  except  in 
carts  and  sleds  made  and  constructed  as  by  law  directed, 
and  loaded  as  above-mentioned,  under  the  penalty  of  five 
dollars  for  each  offense. 

crooked  fire-  §  4.  No  crooked  wood  shall  be  stowed  in  any  cart  or 
sled  constructed  in  manner  aforesaid,  with  other  wood, 
but  the  same  may  be  sold  or  disposed  of  as  refuse  wood, 
not  subject  to  the  above  regulations;  and  if  any  cartman 
who  shall  cart  firewood,  shall  put  or  suffer  to  be  put  into 
his  cart  any  such  crooked  wood  as  will  prevent  his  cart 
from  containing  a  full  load  between  the  stanchions  thereof, 
he  shall,  for  every  load  so  carted,  forfeit  the  sum  of  one 
dollar. 

b^ca0rtme°nd  §  **•  ^°  cartman  or  wood-sawyer,  or  other  person  for} 
°d"  or  on  account  of  sucn  cartman  or  wood-sawyer,  shall  pur- 
chase any  firewood  which  shall  be  brought  to  this  city  for 
sale,  except  it  be  for  the  only  use  of  such  cartman,  wood- 
sawyer,  or  his  family,  under  the  penalty  of  twenty-five 
dollars  for  each  offense,  except  such  cartman  or  wood- 
sawyer  shall  have  received  an  order,  which  it  shall  be  in- 
cumbent upon  him  to  prove,  to  purchase  wood.  And  fur- 
ther, that  no  cartman  or  wood-sawyer  shall  sell  or  expose 
to  sale,  any  firewood  which  shall  be  brought  to  this  city 
for  sale,  on  his  own  account,  or  as  agent  for  or  on  account 
of  any  person  or  persons,  under  a  penalty  of  fifteen  dol- 
lars for  each  offense. 


OP  FIREWOOD,  HAY,  STB  AW,  LIME  AND  COAL.  353 

ARTICLE    II 

OP    HAY    AND    STRAW. 

§  6.  No  cartman  shall  cart  or  carry  for  hire  or  wages,  nay  cartmea 
any  hay  brought   to   this  city  for  sale,  unless  he  shall  be 
duly  licensed  for   that  purpose  by  the   Mayor,  under  the 
penalty  of  five   dollars   for   every  load  or  part  of  a  load 
which  he  shall  so  cart  or  carry. 

§  7.  Every  cartman  to  be  so  licensed  shall  first  take  and  lbid- 
subscribe  an  oath  or  affirmation,  before  the  said  Mayor, 
well  and  carefully  to  examine  and  inspect  all  the  hay  to 
be  carted  or  carried  by  him,  for  the  purpose  of  ascertain- 
ing whether  it  be  well  and  sufficiently  cured  and  dry;  and 
no  such  cartman  shall  cart  or  carry  any  hay  and  pass  the 
same  as  good  and  merchantable,  unless  the  same  be  well 
and  sufficiently  cured  and  dry,  under  the  penalty  of  five 
dollars  for  every  load  or  part  of  a  load  which  he  shall  so 
cart  or  carry. 

§  8.  Nothing   in   the    last   section   contained   shall  be  j^maged 
taken  or  construed  to  prohibit   the  importation   within 
this  city,  or  the  cartage  or  sale  of  any  injured  or  damaged 
hay,  as  being  so  injured  or  damaged. 

§9.  Every  cartman  to  be  so  licensed  shall  cause  the  Hay  carts, 
number  of  his  license  to  be  fairly  painted  on  a  tin  plate, 
with  red  paint  upon  a  white  ground,  easily  to  be  seen,  and 
shall  fix  and  keep  such  tin  plate  so  fairly  painted  and 
easily  to  be  seen,  on  the  square  of  the  after  part  of  the 
shaft  of  his  cart,  under  penalty  of  twenty  dollars  for 
every  neglect  or  default. 

§  10.  The  street  or  place  known  as  Hall  street,  between  Hay stand- 
Sixth  and  Seventh  streets,  in  the  Seventeenth   Ward  of 
this  city,  is  hereby  designated  as  the  place  for  the  sale 
of  hay  coming  from  the  country,  by  the  wagon,  cart,  or 
sled  load. 


354  OP  FIREWOOD,  HAY,  STRAW,  LIME  AND  COAL. 

straw.  §11.  All   the  foregoing  provisions  of  this  law,   shall 

apply  to  the  sale  of  straw  in  this  city,  except  straw  made 
up  into  bundles,  and  sold  by  the  bundle. 

supsfor  §  12.  The  boats  employed  in  bringing  loose  hay  or  straw 

boats  with 

hay  &  straw,  to  this  city  for  sale,  shall  have  the  privilege,  in  preference 
to  all  other  vessels,  of  occupying  the  whole  of  Gouverneur 
slip  on  the  East  river;  and  the  basin  at  the  foot  of  Amos 
street,  on  the  North  river;  and  no  person  having  the 
charge  of  any  other  boat  or  vessel  as  master  owner  or 
otherwise,  shall  interfere  with  boats  employed  in  bringing 
hay  to  the  said  places,  or  prevent  their  approach  thereto* 
under  the  penalty  of  ten  dollars  for  every  such  offense. 

™ •  §  13.  The  pier  at  the  foot  of  Charles  street,  with  one 

half  of  the  bulkhead  south  of  said  pier,  is  hereby  appro- 
priated for  vessels  laden  with  loose  hay  for  sale,  to  the 
exclusion  of  all  other  vessels. 

ARTICLE  III. 

OF   LIME. 

vessels  with  £j-Q  g]00p  or  other  vessel  which  shall  bring  any  slaked 
or  unslaked  lime  to  this  city  for  sale,  shall  be  permitted 
to  lay  in  any  of  the  public  slips  or  at  any  of  the  public 
wharves  in  this  city,  while  she  has  lime  on  board,  except 
as  hereinafter  provided,  under  the  penalty  of  fifty  dollars 
for  each  offense. 

ibid.  §  15.  The  last  preceding  section  of  this  chapter  shall  not 

be  construed  to  prevent  the  laying  of  vessels  having  lime 
on  board,  at  the  public  wharves  and  in  the  slips,  while 
discharging  cargo,  or  during  the  period  the  lime  is  bona 
fide  for  sale,  and  the  person  having  charge  of  said  vessel 
and  lime,  is  ready  and  willing  to  sell  and  deliver  the 
same. 


OP  FIREWOOD,  HAY,  STRAW,  LIME  AND  COAL.  355 

§16.  Any   cartman   who   shall  cart  any    slaked   lime  regulation  or 

carts    carry- 

whether  merchantable  or  no t,  shall  provide  his  cart  with  ingiime. 
a  tight  box,   sufficient  to  contain   sixteen  bushels,   struck 
measure;  which  box  shall,  whenever  any  lime  is  contained 
therein,  be  covered  with  cloth  or  other  sufficient  covering 
to  keep  the  contents  from  wasting. 

§  17.  Every  cartman  who  shall   cart  any   slaked  lime, Ibid- 
excepting  in  the  box,   and  furnished  in  the  manner  pro- 
vided for  in  the   last  preceding  section,  with  the  covering 
therein  mentioned,  shall  forfeit  and  pay  the  penalty  of  five 
dollars  for  every  such  offense. 

§18.  No  person  shall   keep  a  lime-house  in  any  of  the  Lime  houses., 
public   streets,   lanes,  or  alleys,  of  the  city  of  New  York, 
between  the  first  day   of  December  and  the   first  day  of 
April,  in   any  year,  under  the  penalty  of  fifty  dollars  for 
every  twenty-four  hours  the  same  shall  be  kept  therein. 

§  19.  It  shall  not  be  lawful  for   any  person  to  keep  a  Ibid- 
lime-house  in  any  of  the  public  streets,  lanes  or  alleys  of 
the  city   of  New  York,   for  a  longer  period   than  three 
months,  under  the  penalty  of  ten  dollars  for  every  twenty- 
four  hours  the  same  shall  be  kept  therein. 

ARTICLE  IV. 

OP   COAL. 

§  20.  All  coal  which  shall  be  sold  from  any  coal  yard,  coai, 
or  any  other  place,  in  this  city,  shall  be  sold  by  the  bushel, 
except  anthracite  coal,  which  may  be  sold  by  weight. 

§  21.  No  person  shall  unload,  vend,  or  expose  for  sale,  charcoal. 
any  charcoal  at  either  of  the  slips  in  front  of  any  of  the 
public  markets  of  this  city,  under  the  penalty  of  ten  dol- 
lars for  every  such  offense. 

§  22.  In  the  sale  of  anthracite  coal  the  hundred  weight  Anthracite 

coal. 

shall  consist   of    one    hundred  pounds   avoirdupois,  and 
twenty  such  hundred  weight  shall  constitute  a  ton. 


356  OP   CARTS   AND    CARTMEN. 


CHAPTER   XXXVII. 

OF  CARTS  AND  CARTMEN,  DIRT  CARTS,  PUBLIC  PORTERS  AND 
GARBAGE  CARTS. 

•    ARTICLE  I. — OF  CARTS  AND  CARTMEN. 
II. — OF  DIRT  CARTS. 
III. — OF  PUBLIC  PORTERS. 
IY. — OF  GARBAGE  AND  OTHER  CARTS. 

ARTICLE  I.     v 

OF  CARTS  AND    CARTMEN. 

public  carts  §  1.  Every  cart,  truck,  wagon,  dray,  or  other  vehicle, 
drawn  by  one  or  more  horses  or  other  animals,  which  shall 
be  kept,  used,  driven  or  employed  for  the  transportation 
or  conveyance  of  any  thing  whatsoever,  from  place  to 
place  within  the  city  of  New  York,  for  hire,  wages  or  pay 
for  such  transportation,  shall  be  deemed  a  "  public  cart ' 
within  the  meaning  of  this  chapter  j,  and  every  person 
who  shall  set  up,  or  so  keep,  use,  drive  or  employ  any  such 
public  cart,  without  first  obtaining  license  therefor,  from 
the  Mayor  of  said  city,  as  is  hereinafter  provided,  shall  be 
deemed  guilty  of  a  violation  of  this  chapter. 

<3artmen  to  §2.  The  Mayor  shall,  from  time  to  time,  license  and 
appoint  so  many  and  such  persons  as  he  may  think  proper 
to  set  up  and  keep  public  carts  in  said  city,  provided  that 
no  one  person  shall  be  so  licensed  to  keep  more  than  three 
such  public  carts.  And  he  shall  also  license  so  many,  and 
such  persons  as  he  may  think  proper,  to  be  public  cartmen 
of  said  city,  and  he  may  revoke  or  suspend  any  or  all  of 
such  licenses  at  his  pleasure  ;  all  persons  licensed,  as  afore- 
said, to  keep  public  carts,  shall  be  deemed  to  be  public 
cartmen  within  the  meaning  of  this  chapter  ;  but  it  shall 


OP   CARTS   AND    CARTMEN.  35 T 

not  be  lawful  for  any  person  to  receive  or  hold  a  license 
to  keep  public  carts,  or  to  be  a  public  cartman,  unless  he 
be  a  citizen  of  the  United  States,  and  resident  within  the 
State  of  New  York,  and  is  the  actual  owner  of  the  cart  or  . 
carts,  with  good  horses  therefor,  so  licensed  to  be  kept  as 
public  carts  ;  and  the  Mayor  may  examine,  under  oath,  all 
persons  applying  for,  or  holding  any  such  license,  or  the 
renewal  thereof,  touching  their  qualifications  as  aforesaid; 
and  all  licenses,  other  than  to  persons  so  qualified,  shall  be 
void. 

§  3.  The  Mayor  shall  require  and  receive  for  the  use  of  License  Fee 

of  cartmen. 

the  city,  from  every  person  to  whom  he  may  grant  license 
to  keep  public  carts  as  aforesaid,  two  dollars  and  fifty 
cents  for  every  cart  so  licensed;  and  from  every  person  li- 
censed as  aforesaid  to  be  a  public  cartman,  one  dollar;  and 
fifty  cents  for  the  license  for  each  cart  and  public  cartman 
renewed,  as  hereinafter  provided. 

§  4.  All  licenses  to  persons  to  keep  public  carts  and  to  JeJiSandroI 
be  public  cartmen,  shall  expire  on  the  last  day  of  October  newal* 
next  after  the  date  thereof ;  and  it  shall  be  lawful  for  the 
Mayor  to  renew  and  continue  any  or  all  of  such  licenses 
for  a  year  succeeding  such  last  day  of  October,  provided 
that  the  applicant  therefor  continues  in  all  things  qualified, 
as  hereinbefore  provided,  to  hold  such  license,  and  the  ap- 
plication be  made  therefor  prior  to  the  expiration  thereof, 
at  such  time  as  may  be  appointed  by  the  Mayor. 

§  5.  No  public  cart  shall  be  driven  or  used  within  said  p"-ts  to  be 

Licensed. 

city,  except  by  a  duly  licensed  public  cartman  ;  and  the 

R< 

of  cartmen 


person  to  whom  license  is  granted  to  keep  and  use  a  pub-  ^cfponsibili- 


lic  cart,  shall,  for  all  the  purposes  of  this  chapter,  be 
considered  the  owner  thereof,  and  responsible  for  all  arti- 
cles intrusted  to,  and  for  the  conduct  of  the  driver  thereof, 
and  liable  to  all  forfeitures,  penalties  and  punishments 
herein  contained  or  provided. 


358  OF   CARTS   AND    CARTMEN. 

Numbers  to  §  6.  Every  public  cart  shall  have  fairly  painted  on  the 
carts-  outside  of  the  square  of  the  after  part  of  the  shaft,  or  on 
some  other  conspicuous  place,  on  each  side,  with  black 
paint  on  a  white  ground,  so  as  to  be  easily  seen,  the  num- 
ber of  the  license  therefor,  in  plain  figures  of  at  least  two 
and  a  half  inches  in  length,  and  the  driving  or  using  of  a 
public  cart,  without  its  being  so  numbered,  shall  be  deemed 
a  violation  of  this  chapter. 

Numbers  to      £  7.  Every  person  licensed  as  aforesaid  to  keep  a  public 

be  defaced  on  J    1 

°f  car^»  uP°n  failing  to  renew  the  license  for,  or  disposing  of, 
or  parting  with  the  same,  shall  deface,  remove  and  oblite- 
rate the  license  number  therefrom,  and  failing  or  neglect- 
ing to  do  so,  shall  be  deemed  to  be  a  violation  of  this 
chapter. 

to  g  g.  Every  person,  upon  receiving  a  license  to  keep  a 
residence,  public  cart,  or  to  be  a  public  cartman,  shall  report  his  resi- 
dence to  the  Mayor  ;  and  upon  changing  his  residence, 
shall  in  like  manner  report  his  new  residence,  and  the 
failing  or  neglecting  to  do  so,  shall  be  deemed  to  be  a  vio- 
lation of  this  chapter. 

Regulation  as      S  9.  It  shall  not  be  lawful  for  any  person  other  than  a 

to  numbers. 

public  cartman,  to  keep,  use,  drive  or  employ  any  cart  or 
other  vehicle  with  numbers  or  figures  thereon  similar  to 
or  resembling  the  numbers  on  public  carts,  or  for  any  per- 
son licensed  to  keep  public  carts,  to  place  or  have  any  num- 
ber for  which  he  may  have  received  license,  on  more  than 
one  cart,  or  to  use  more  carts  as  public  carts  than  he  may 
have  license  for. 


c£?menr  §  1^  ^he  ^a7or  may  assign  to  the  owner  of  each  duly 
licensed  public  cart,  a  stand,  where  such  cart  may  remain, 
waiting  to  be  employed,  and  also  a  stand  where  it  may  re- 
main at  other  times,  provided  that  no  such  stand  shall  be 
assigned  for  a  cart  to  remain  at  such  other  times  in  front 


OP    CARTS   AND    CAKTMEX.  359 

of  the  premises  of  any  person  other  than  the  owner  of 
such  cart,  against  the  wishes  of  the  occupant  thereof, 
and  provided  further,  that  carts  shall  not  be  permitted  to 
so  stand  two  abreast  in  any  of  the  streets;  and  every  pub- 
lic cartman  who  shall  permit  his  cart  to  stand  loaded,  or 
waiting  for  employment,  or  to  remain  at  other  times  at 
any  place  other  than  the  one  so  assigned  for  such  carts, 
shall  be  deemed  guilty  of  a  violation  of  this  chapter. 

§11.  The  Mayor,  and  the  several  officers  and  members  carts  encum- 

0  bering      the 

of  the  police  department  and  magistrates,  shall  have  power  streets. 
and  authority  to  order  the  driver  or  other  person  having 
charge  of  any  public  cart  or  any  other  vehicle,  to  remove 
such  cart  or  other  vehicle  away  from  any  place  in  any  of 
the  streets,  or  on  any  of  the  wharves  or  docks  of  said  city 
which,  in  his  or  their  opinion,  may  be  improperly  incum- 
"bering  such  street  or  wharf,  or  obstructing  or  impeding 
the  public  travel ;  and  any  and  every  person  neglecting  or 
refusing  to  comply  with  or  obey  any  such  order,  shall  be 
deemed  guilty  of  a  violation  of  this  chapter. 

§  12.  It  shall  be  the  duty  of  every  person  driving  or  Names  u>  be 

,  />  i  T  •  given    when 

having  charge  of  a  public  cart,  to  give  to  any  person  re-  demanded, 
•questing  it,  his  name  and  place  of  residence,  his  number, 
and  the  number  of  the  cart  he  is  driving  or  in  charge  of, 
and  the  name  and  place  of  residence  ol  the  owner  thereof; 
and  the  refusal  to  do  so  shall  be  deemed  a  violation  of  this 

chapter. 

* 

§  13.  If  any  accident  or  injury  shall  happen  to  any  per-  Provision 
son,  or  any  carriage,  vehicle  or  other  thing,  by  reason  of  accidents. 
coming  in  contact  with  any  public  cart,  or  other  cart,  or 
vehicle,  or  the  horse  or  horses  attached  thereto,  or  any 
thing  loaded  thereon,  while  the  same  is  moving,  it  shall 
be  the  duty  of  the  person  driving  or  having  charge  of  the 
same,  to  immediately  stop,  and  if  necessary,  render  his 


360  OF    CAKTS   AND    CARTMEN. 

assistance,  and  to  give  his  name  and  residence,  and  to  give 
the  number  of  the  cart  or  other  vehicle  he  was  driving, 
and  the  name  and  residence  of  the  owner  thereof,  under 
the  penalty  of  fifty  dollars,  to  be  recovered  from  the  driver 
or  owner  of  any  such  cart  or  other  vehicle. 

Driving  carts      §  14.  It  shall  not  be  lawful  for  any  public  cartman.  or 

on  sidewalks, 

wharves,  &C.  for  any  person  driving  or  having  charge  of  any  public  cart 
or  any  other  cart,  wagon  or  other  vehicle,  to  drive  or  back 
any  such  public  cart,  or  any  other  vehicle,  on  to  the  side- 
walk of  any  of  the  streets  of  said  city,  or  to  stop  any  such 
cart,  or  any  other  vehicle,  on  any  of  the  crosswalks  or  in- 
tersection of  streets,  so  as  to  obstruct  or  hinder  the  travel 
along  such  crosswalks  or  intersections  of  streets,  or  to  place 
any  such  carts  or  other  vehicles  cross-wise  of  any  street 
or  wharf  of  said  city,  except  to  load  thereon,  or  unload 
therefrom,  articles  of  greater  weight  each  than  two  hun- 
dred pounds  ;  but  in  no  case  shall  it  be  lawful  for  any  per- 
son to  permit  such  cart  or  other  vehicle  to  remain  so  cross- 
wise of  any  street  for  a  longer  period  than  may  be  actually 
necessary  for  such  purpose,  and  not  to  exceed  five  minutes. 


§  15*  I*  snaH  n°t  be  lawful  for  any  cart,  wagon,  coach, 
public  cart  or  any  other  vehicle,  to  be  driven  through  any 
of  the  streets  of  the  city  of  New  York  at  a  greater  speed 
than  six  miles  an  hour  ;  nor  shall  it  be  lawful  for  any 
such  vehicle  to  be  driven  around  the  corner  of  any  of  the 
streets  of  said  city,  with  the  horse  or  horses  thereto  tra- 
veling at  a  faster  gait  than  a  walk  ;  and  all  and  every  such 
public  carts,  and  all  other  vehicles,  when  passing  through 
or  along  any  of  the  streets  of  said  city,  shall,  when  meet- 
ing any  other  vehicle,  be  driven  to  the  right-hand  side  of 
the  way,  so  that  such  vehicles  shall  pass  clear  of  each 
other  ;  and  it  shall  be  unlawful  for  any  such  public  cart, 
carriage  or  any  other  vehicle,  or  the  horse  or  horses  at- 


OP   CARTS  AND   CARTMEN.  361 

tached  thereto,  to  be  driven  foul  of,  or  against  any  person, 
vehicle,  or  any  other  thing  whatever,  in  any  of  the  streets, 
or  on  any  of  the  docks  and  wharves  of  said  city. 

§  16.  No  cart,  dray,  truck  or  wagon  shall  be  driven  over  speed  on 
any  of  the  wharves  or  piers  of  the  city  of  New  York,  at  a 
greater  rate  of  speed  than  a  walk,  under  a  penalty  of  five 
dollars,  to  be  sued  for  and  recovered  from  the  owner  or 
owners,  or  driver  thereof,  severally  and  respectively. 

§  17.  Each  sled,  cart  or  dray  employed  in  the  transpor-  size  of  carts. 
tatio'n  of  any  goods,  wares,  merchandise  or  other  things 
excepting  firewood,  shall  be  two  feet  five  inches  wide  be- 
tween the  foremost  rungs,  and  two  feet  nine  inches  wide 
between  the  hindmost  rungs,  and  no  more ;  and  all  the 
rungs  shall  be  three  feet  eight  inches  high  above  the  floor 
of  the  sled  or  cart,  and  no  more,  under  the  penalty  of  five 
dollars  for  every  such  offense. 

§18.  Licensed  cartmen  of  the  city  of  New  York  shall 
and  may  be  permitted  to  use  iron-shod  wheels,  under  the 
regulations  following  : 

1.  The  iron  or  tire  round  the  wheels  shall  be  in  breadth 

not  fbss  than  three  inches,  and  the  nails  with 
which  the  tire  shall  be  nailed  or  fastened  to  the 
wheels,  shall  be  sunk  into  the  iron  or  tire,  so 
that  the  heads  of  such  nails  shall  not  project  be* 
yond  the  surface  thereof. 

2.  The  rims  of  the  wheels  of  all  carts  not  shod  with 

iron  in  the  manner  aforesaid,  shall. not  be  less 
than  four  inches  and  a  half  broad,  and  eight 
inches  deep,  when  new. 

3.  If  any  cartman  shall  use  any  cart  in  violation  of 

either  or  any  of  the  provisions  of  this  section,  he 
shall  forfeit  and  pay  the  sum  of  five  dollars  for 
every  such  offense, 


362  OF   CARTS  AND   CABTMEN. 

^rmture  §  19.  Furniture  or  spring  carts  hereafter  licensed,  shall 
be  ten  feet  in  length,  and  no  more,  and  four  feet  four  inches 
wide,  and  no  more;  and  the  tires  thereof  shall  be  not  less 
than  two  inches  in  width  ;  and  all  other  provisions  of  this 
chapter,  not  inconsistent  herewith,  shall  be  applicable  to  all 
furniture  or  spring  carts  now  in  use,  or  hereafter  to  be 
made  or  licensed. 

Rates  of  §  20.  The  prices  or  rates  to  be  taken  or  charged  for  the 
loading,  transportation  and  unloading  of  goods,  wares  or 
other  articles,  shall  be  as  follows,  to  wit: 

Oils,  molasses,  and  all  wet  casks  containing  less     cents. 
than  twenty-five  gallons,  for  every  load  ...  $       38 

Of  twenty-five  and  under  fifty  gallons,  for  every 
four 40 

Of  fifty  and  under  one  hundred  gallons,  for 
every  two 45 

Of  one  hundred  gallons  and  upward,  for  every 
one  hundred  gallons 50 

Sugar,  tobacco,  copperas,  and  all  dry  casks  of 
under  one  thousand  pounds'  weight,  for  every 
load , 38 

Of  one  thousand  pounds,  and  under  01$  thou- 
sand five  hundred  pounds,  each 45 

Of  one  thousand  five  hundred,  and  under  two 
thousand  pounds,  each 50 

Of  two  thousand  pounds  and  upward,  for  every 
hundred  pounds  and  other  ponderous  arti- 
cles of  one  thousand  pounds'  weight  and  up- 
ward, at  the  same  rate 5 

Hay,  loose,  per  load 1  00 

Bricks,  when  handled  and  piled,  per  load 40 

Hoop  poles,  loose,  per  load 50 

Timber  and  lumber,  per  load 35 

Hemp,  loose,  for  every  one  thousand  two  hun- 
dred pounds v ....  ..^  50 


OF   CARTS  AND   CARTMEN,  363 

Cents. 

Beef  and  pork,  for  every  five  barrels 38 

Calves,  sheep  and  lambs,  per  load 35 

Coal,  per  ton 50 

Coal,  per  half  chaldron 40 

Cotton,  for  every  three  bales 38 

Earthenware,  loose,  per  load 40 

Oil  floor  cloths,  in  boxes  or  rolls  of  less  than 

ten  feet  in  length,  per  load 33 

Of  ten  feet,  and  less  than  fifteen  feet  in  length, 

each 33 

Of  fifteen   feet,  and  less  than  twenty  feet  in 

length,  each 50 

Of  twenty  feet,  and  less  than  twenty-four  feet 

in  length,  each 65 

Of  twenty-four   feet  and  upward,  as  may  be 

agreed  on. 

Plaster  of  Paris,  loose,  per  ton 65 

Salt,  for  every  twenty  bushels 33 

Cut  stone,  per  load 35 

Slates  or  tiles,  per  load 35 

Household  furniture,  loose,  per  load .....         50 

For  loading,  unloading  and  housing  furniture 

in  the  removal  of  families,  extra  per  load ...         50 
Bedding,  tied  up,  chests,  trunks  and  boxes,  per 

load 33 

Cassia,  in  mats,  per  one  hundred  mats 25 

Anchors,  of  under  three  hundred  pounds' weight, 

per  load . . .  , 38 

Of  three  hundred  pounds'  weight  and  upward, 

per  one  hundred  pounds 10 

Chain  cables  of  under  one  thousand  pounds' 

weight,  per  load 40 

Of  one  thousand  pounds'  weight  and  upward, 

per  one  hundred  pounds 5 


364  OF   CARTS  AND   CARTMEN. 

Cents. 

Iron  hollow  ware,  per  load 40 

Iron  and  steel,  per  load , .  45 

Fish,  dry,  per  load 50 

And  for  every  load  of  goods,  wares  and  mer- 
chandise, or  other  things  not  enumerated ....  38 

Provided,  That  when  the  distance  exceeds  half  a  mile, 
and  is  within  a  mile,  one  third  more  shall  be  added 
to  the  above  rates  and  prices,  and  in  the  same  pro- 
portion for  any  greater  distance.  And  if  any  pub' 
lie  cartman  shall  ask,  demand,  receive,  take,  exact 
or  extort  any  greater  rate,  price,  pay  or  compensa- 
tion, for  carting  or  transporting  any  article  or  thing 
whatsoever,  than  is  mentioned,  allowed,  expressed 
and  limited  as  aforesaid,  it  shall  not  be  lawful  for 
him  to  receive  any  compensation  for  the  said  cart- 
ing or  transportation,  and  the  said  asking  or  re- 
ceiving shall  be  deemed  a  violation  of  this  chapter, 

toeiSs°nas  §  21-  It  sha11  not  be  lawful  for  any  public  cartman  to 
neglect  or  refuse  to  carry  and  transport  a  good  and  suffi- 
cient load,  as  much  as  can  be  conveniently  and  safely 
stowed  on  his  cart,  or  is  reasonable  for  one  horse  to  draw, 
nor  any  article  of  less  than  two  thousand  pounds'  weight, 
when  required  so  to  do,  unless  he  be  then  actually  other- 
wise employed;  and  every  public  cartman  and  public  por- 
ter shall  be  entitled  to  be  paid  the  legal  rate  or  compen- 
sation allowed  and  provided  in  this  chapter,  immediately 
upon  the  carting  or  transportation  of  any  article  or  thing; 
and  it  may  be  lawful  for  any  such  public  cartman  or  pub- 
lic porter,  to  retain  any  article  or  thing  so  carted  or  trans- 
ported by  him,  for  which  he  is  not  so  paid  his  cartage,  and 
to  convey  the  same  without  delay  to  the  office  of  the  Super- 
intendent of  Police,  and  he  shall  be  entitled  to  the  lawful 
rate  of  pay  or  compensation  for.  the  so  conveying..  Alldis- 


Otf   CARTS   AND    CARTMEN.  365 

putes  or  disagreements  as  to  distance  or  rates   of  compen-  Disputes  with 

cartmen. 

sation,  between  public  cartmen  or  public  porters,  and  per. 
sons  employing  them  or  owing  for  cartage  or  transporta- 
tion, shall  be  determined  by  the  Mayor. 

§  22.  It  shall  not  be  lawful  for  any  public  cartman,  or  carting  arti- 
cles over  30 

any  other  person,  to  cart  or  transport  through  any  of  the  feet  in  length 
streets  of  said  city,  any  planks,  poles,  spars,  timber  or 
other  thing  exceeding  thirty  feet  in  length,  except  on  a 
suitable  truck  or  other  vehicle,  and  such  plank  or  other 
thing  shall  be  placed  lengthwise  thereon,  so  as  not  to  pro- 
ject at  either  end  beyond  the  line  of  the  side,  or  width  of 
such  truck  or  other  vehicle;  and  all  persons  so  carting  or 
transporting  any  such  poles,  plank,  timber,  spars,  or  other 
things,  in  any  other  manner,  shall  be  deemed  guilty  of  a 
violation  of  this  chapter. 

§  23.  It  shall  not  be  lawful  for  the  driver  or  other  per-  cartmen  to 

attend  their 

son  having  charge  of  any  public  cart,  dirt  cart  or  any  carts, 
other  vehicle,  to  be  off,  or  away  from  any  such  cart,  or 
any  other  vehicle,  while  the  same  is  moving  or  passing 
along  any  of  the  streets  or  avenues  of  said  city;  nor  shall 
it  be  lawful  for  any  public  cartman,  while  waiting  for  em- 
ployment at  any  place  assigned  for  his  cart,  to  stand  wait- 
ing for  employment,  at  any  other  place,  or  to  snap  or  flour- 
ish his  whip,  or  to  be  away  from  his  cart,  unless  from  ne- 
cessity or  on  business,  or  to  sit  or  stand  about  the  door- 
steps or  platforms,  or  in  front  of  any  house,  store  or  other 
building,  to  the  annoyance  of  the  occupants  thereof. 

§  24.  It  shall  not  be  lawful  for  any  person,  who  has 
been  licensed  to  keep  public  carts,  or  to  be  a  public  cart- 
man, and  whose  license  has  been  suspended  or  revoked  by 
the  Mayor,  to  keep,  drive  or  use  «,ny  public  cart  in  the 
city  of  New  York,  under  the  penalty  of  twenty-five  dollars 
for  every  such  offense. 


3G6  OP   CARTS  AND   CARTMEN. 


§  25.  The  stanchions  of  every  public  cart  employed  in 
Firewood,  the  transportation  of  any  fire-wood,  shall  be  shouldered 
with  a  band  of  iron  around  the  part  which  enters  the  mor- 
tice, and  the  mortice  cased  with  iron,  so  as  to  prevent  the 
wearing  of  the  stanchion  or  mortice  ;  and,  at  least  three 
feet  distant  from  the  floor  of  the  cart,  there  shall  be  fixed 
across  from  one  stanchion  to  the  other  an  iron  chain,  so  as 
to  prevent  the  stanchions  from  spreading,  and  no  public 
cart  man  shall  cart  any  fire-wood  in  violation  of  any  of 
these  provisions. 

§  26.  It  shall  not  be  lawful  for  any  person  to  keep,rdrive, 
use  or  employ  any  cart,  wagon,  truck,  dray  or  other  vehi- 
cle, other  than  such  as  are  licensed  as  herein  provided,  for 
the  transportation  or  conveyance  of  any  article  or  thing, 
from  place  to  place  in  the  city  of  New  York,  unless  the 
name  and  residence  or  place  of  business,  where  such  owner 
can  be  found,  (of  the  owner  thereof,)  be  fairly  and  dis- 
tinctly painted,  with  red  paint,  on  a  white  ground,  in 
plain  letters  and  figures,  at  least  two  and  a  half  inches 
long,  in  a  conspicuous  place,  on  both  sides  of  such  cart  or 
other  vehicle,  or  so  as  at  all  times  to  be  easily  seen 
thereon. 

standing  of       §  27.  Every  cartman  who  shall  be  duly  licensed  in  the 

carts  in  tront         w  J 

C^y  °f  New  York,  shall  be  permitted  to  place  and 
leave  his  cart,  when  unemployed,  in  front  of  the  house  or 
premises  where  he  shall  at  the  time  reside,  or  in  front  of 
the  stable  where  he  shall  at  the  time  stable  his  horse;  pro- 
vided that  such  cart  shall  be  placed  on  the  street  upon  the 
carriage-way  thereof,  in  close  proximity  to  the  curb  stone 
next  to  his  said  residence  or  stable,  and  shall  not  extend 
beyond  said  curb  stoue  any  greater  distance  than  the 
width  of  such  cart,  nor  beyond  the  line  of  the  lot  on  which 
his  said  residence  or  stable  is  situated,  and  provided  that 


OP   DIRT  CARTS.  367 

| 

such  place  of  residence  or  stable  shall  be  specified  upon 
the  license  for  such  cart. 

§  28.  Nothing  in  the  last  section  contained  shall  be  con-  ibid, 
strued  to  apply  to  any  vehicle  other  than  public  carts  in 
the  city  of  New  York. 

§  29.  It  shall  be  the  duty  of  the  person  or  officer  exer-  ^^^ 
cising  the  duties  of  Superintendent  of  Carts  to  visit  daily, 
the  several  stands  and  places  in  the  city,  where  cartmen 
are  in  the  habit  of  waiting  for  employment,  and  to  see 
that  all  the  ordinances  regulating  carts  and  cartmen,  in- 
cluding dirt  carts,  are  in  every  respect  complied  with. 

§  30.  It  shall  be  the  special  duty  of  the  said  person  or  ibid. 
officer  to  ascertain  whether  any  carts  are  driven  for  hire 
by  persons  who  have  not  received  licenses  therefor,  and 
to  report  such  and  all  other  offenses  or  violations  of  the 
law  to  the  attorney  of  the  Corporation. 

ARTICLE  II. 

DIRT  CARTS. 

§  31.  The  Mayor  of  the  city  of  New  York  may  grant  License  of 

.  Dirt  carts. 

license  to  such  and  as  many  persons  as  he  may  deem  pro- 
per, to  keep  and  use  such  number  of  dirt  carts  as  he  shall 
think  expedient,  to  be  employed  exclusively  in  the  carting 
and  transportation  of  dirt,  sand,  gravel,  clay,  paving 
stones,  ashes,  garbage  and  building  rubbish,  and  revoke 
or  suspend  any  or  all  such  licenses  at  his  pleasure;  and  it 
shall  not  be  lawful  for  any  person  to  drive  or  use  any 
cart,  wagon  or  other  vehicle,  for  the  transportation  of  any 
such  dirt,  sand,  gravel,  clay,  paving  stones,  ashes,  garbage, 
or  building  rubbish  within  the  city  of  New  York,  for  hire, 
wages  or  pay,  for  such  transportation,  unless  the  said  cart 
or  other  vehicle  be  licensed  as  aforesaid.  Provided,  that 


368  OF   DIRT   CARTS. 

nothing  herein  shall  prevent  any  person^icensed  as  a  pub- 
lic cartman,  or  to  keep  public  carts  from  driving  or  using 
any  such  public  cart  in  the  carting  and  transporting  of 
any  such  sand,  gravel,  clay,  paving  stones,  ashes,  garbage 
or  building  rubbish,  the  same  as  if  they  were  licensed  as 
dirt  carts.  This  section  shall  not  be  construed  to  permit 
any  dirt  cart  to  be  used  in  the  transportation  for  hire, 
wages  or  pay,  of  any  article  or  thing  whatsoever,  other 
than  is  herein  specified. 

License.  §  32.  Every  license  granted  as  aforesaid,  shall  continue 

in  force  for  one  year,  from  the  date  thereof,  and  may  be 
renewed  by  the  Mayor  at  any  time  before  the  expiration 
thereof,  for  a  succeeding  year. 

fw'  §  33.  Every  person,  upon  receiving  a  license  to  keep 
and  use  one  or  more  dirt  carts,  as  hereinbefore  provided, 
shall  pay  to  the  Mayor,  for  the  use  of  the  city,  one  dollar 
for  every  cart  so  licensed;  and  the  further  sum  of  twenty- 
five  cents  upon  the  renewal  of  the  license  for  every  such 
cart. 

§  34.  Every  dirt  cart,  and  every  public  cart,  when  used 
as  a  dirt  cart,  shall  be  furnished  with  a  good  and  tight 
box,  the  sides  and  forepart  of  which  shall  be  two  feet,  and 
the  tail-board  eighteen  inches  high,  and  of  capacity  to  con- 
tain twelve  cubic  feet;  and  on  all  dirt  carts  the  letters  D. 
C.,  and  the  number  of  the  license  therefor,  shall  be  fairly 
and  distinctly  painted,  with  black  paint,  on  a  white  ground, 
on  the  square  of  the  after  part  of  the  shaft,  on  both  sides, 
in  plain  legible  letters  and  figures  at  least  two  and  a  half 
inches  long,  so  as  to  be  easily  and  distinctly  seen,  and  so 
continued;  and  every  person  driving  or  using  a  dirt  cart, 
without  being  so  furnished  and  numbered,  shall  be  deemed 
guilty  of  a  violation  of  this  chapter. 


OF  PUBLIC   PORTERS.  369 

§  35.  It  shall  not  be  lawful  for  the  owner  or  driver  of  Permission 

to  remove 

any  dirt  cart  or  any  other  vehicle,  or  for  any  other  person,  ^ct(!j)beob" 
to  use  or  employ,  or  permit  to  be  used  or  employed,  any 
such  dirt  cart  or  any  other  vehicle,  for  the  conveyance  or 
removal  of  any  dirt,  sand,  gravel,  stones  or  other  thing, 
from  any  of  the  streets,  or  avenues,  or  highways,  or  from 
any  lot  of  land  or  other  place,  or  to  dump,  deposit,  or 
leave  any  dirt,  sand,  gravel,  rubbish,  or  other  thing,  in 
any  of  the  streets  or  highways,  or  on  any  dock  or  wharf, 
or  on  any  lot  or  lots  of  land  within  said  city,  without  be- 
ing duly  authorized  or  permitted  so  to  do  by  the  public 
officer  or  other  person  competent  to  give  such  authority 
or  permission. 

§  36.  All  persons  offending  against  the  provisions  of  the  Penalty. 
last  section,  shall  forfeit  and  pay  twenty-five  dollars  for 
each  offense. 

ARTICLE    III. 

OF     PUBLIC     PORTERS. 

§  37.  The  Mayor  shall  license  and  appoint  as  many  and  Porters  to  be 

J  J  licensed. 

such  persons  as  he  may  think  expedient,  to  be  public  por- 
ters of  the  city  of  New  York,  and  revoke  or  suspend  any 
or  all  of  such  licenses  at  his  pleasure;  and  it  shall  not 
be  lawful  for  any  person  to  use  any  wheelbarrow  or  hand- 
cart to  carry,  transport  or  convey  baggage,  goods  or 
other  things,  from  place  to  place  within  said  city,  for 
hire,  wages  or  pay  for  such  conveyance,  or  to  be  at  any 
hotel,  boarding-house,  ferry,  steamboat  landing,  railroad 
station  or  depot,  and  solicit  of  strangers,  travelers,  citi- 
zens or  other  persons,  or  accept  the  conveyance  of  baggage 
or  other  articles,  without  being  licensed  as  aforesaid  by 
the  Mayor. 

This  section  shall  not  be  construed  to  prevent  any  per-  Keepers    of 

-i  •  ii»  it-,  public  houses 

son  keeping,  or  employed  in,  any  hotel  or  boarding-house, 


370  OF  PUBLIC   PORTEfcS. 

from  conveying  any  baggage  or  other  articles  to  or  from 
such  hotel  or  boarding-house,  and  using  a  hand-cart  or 
wheelbarrow  therefor;  provided  the  name  of  the  hotel  or 
boarding-house,  and  the  keeper  thereof,  be  painted  dis- 
tinctly on  both  sides  of  such  wheelbarrow  or  hand-cart, 
and  on  a  badge  worn  on  the  front  of  his  hat  or  cap,  so  as 
to  be  easily  and  distinctly  seen. 

Scer£w°f  §  ^'  ^  licenses  to  public  porters,  granted  as  afore- 
said, shall  run  one  year  from  the  date  thereof,  and  may  be 
renewed  by  the  Mayor  at  any  time  within  the  said  year 
for  a  succeeding  year. 

License  Fee.  g  39 ^  Every  person  receiving  a  license  to  be  a  public 
porter,  as  aforesaid,  shall  pay  to  the  Mayor  for  the  use  of 
the  city,  one  dollar;  and  a  further  sum  of  twenty-five  cents 
upon  the  renewal  of  every  such  license. 

iSe?of  §  ^'  ^verv  public  porter  shall  wear,  in  a  conspicuous 
place  about  his  person,  so  as  to  be  easily  seen,  a  brass 
plate  or  badge,  on  which  shall  be  engraved  his  name,  the 
words  "  public  porter,77  and  the  number  of  his  license; 
and  it  shall  be  unlawful  for  any  other  person  to  wear  or 
exhibit  any  badge  purporting  to  be,  resembling,  or  similar 
to,  the  badge  of  a  public  porter ;  and  no  public  porter 
shall  permit  any  other  person  to  wear  his  badge  or  use  his 
name  in  any  way  whatever,  in  the  transportation  or  con- 
veyance of  any  thing. 

porter's  fees.  §  41.  Public  porters  shall  be  entitled  to  charge  and  re- 
ceive for  the  carrying  or  conveyance  of  any  article,  any 
distance  within  half  a  mile,  twelve  cents,  if  carried  by 
hand;  and  twenty-five  cents  if  carried  on  a  wheelbarrow 
or  hand-cart;  if  the  distance  exceeds  half  a  mile,  and  is 
within  a  mile,  one  half  of  the  above  rates  in  addition 
thereto,  and  in  the  same  proportion  for  any  greater  dis- 
tance. 


OP   PUBLIC   PORTERS.  371 

§  42.  No  public  porter  or  hand-cartman  shall  be  entitled  Porter's  fees. 
to  recover  or  receive  any  pay  or  fare,  from  any  person 
for  the  transportation  of  any  article  or  articles,  unless  his 
name  and  number  of  his  license,  and  the  rates  shall  be 
fixed,  and  the  badge  worn,  agreeably  to  this  chapter. 

§  43.  Upon  the  trial  of  any  cause  commenced  for  the  Ibld' 
recovery  of  any  of  the  aforesaid  prices  or  rates,  it  shall 
be  incumbent  on  the  plaintiff  in  such  action,  to  prove  that 
the  badge  was  worn  and  the  prices  fixed,  agreeably  to  the 
last  preceding  section,  at  the  time  the  services  were  ren- 
dered for  which  the  suit  was  brought. 

§  44.  No   public  porter  or  hand-cartman  shall  neglect  Refusing  em- 
ployment. 

or  refuse  to  transport  any  article  or  articles,  when  re- 
quired so  to  do,  unless  he  shall  then  be  actually  and  other- 
wise employed,  or  unless  the  distance  he  shall  be  required 
to  go  shall  be  more  than  two  miles,  under  the  penalty  of 
five  dollars  for  each  offense. 

§  45.  No  public  porter  or  hand-cartman  shall  suffer  or  substitution 

of  others. 

permit  any  other  person  than  himself  to  carry  any  article 
or  articles,  in  his  wheel  or  hand-barrow,  or  hand-cart,  or 
to  wear  his  badge,  under  the  penalty  of  five  dollars  for 
every  such  offense. 

§46.  If  any  public  porter  shall  ask  or  demand  any  porter's  fees, 
grater  rate  of  pay  or  compensation  for  the  carrying  or 
conveyance  of  any  articles  than  is  herein  provided,  he 
shall  not  be  entitled  to  any  pay  for  the  said  service;  and 
to  so  ask,  demand  or  receive  any  such  greater  pay  or  com- 
pensation, shall  be  deemed  a  violation  of  this  chapter. 

§  47.  It  shall  not  be  lawful  for  anv  person  to  represent  False  repre- 
sentation, 
himself  as,  or  to  wear  or  exhibit  any  badge,  inscription, 

card  or  device  purporting  or  implying  that  he  is  employed 
or  authorized  by  the  keeper,  proprietors,  agent  or  officer 


372  OF  GARBAGE  AND  OTHER  CARTS. 

of  any  hotel,  boarding  house,  vessel,  steamboat  or  railroad 
company,  to  solicit,  receive  or  convey  persons,  baggage  or 
other  things  to  or  from  any  such  hotel,  boarding-house, 
vessel,  steamboat  or  railroad  company's  station  or  depot, 
without  being  actually  and  duly  authorized  by  such  keeper, 
proprietor,  officer,  or  agent,  so  to  do,  under  the  penalty 
of  twenty-five  dollars  for  every  offense. 

General  Provision. 

penalties.  §  48.  All  persons  who  shall  violate  or  fail  to  comply 
with  any  of  the  provisions  of  this  chapter,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall 
be  punished,  pursuant  to  the  provisions  of  sections  20  and 
21  of  an  act  relative  to  the  powers  of  the  Common  Coun- 
cil of  the  city  of  New  York,  and  the  criminal  courts  of 
said  city,  passed  by  the  Legislature  of  the  State  of  New 
York,  January  23d,  1833  :  —  or  in  lieu  thereof,  shall  for- 
feit and  pay,  for  the  use  of  said  city,  ten  dollars  for  each 
and  every  offense,  except  where  a  penalty  is  prescribed  in 
said  chapter. 

ARTICLE  IY. 

OP  GARBAGE  AND  OTHER  CARTS. 

Regulations.  §  49.  Every  cart  or  other  vehicle  used  to  convey  or 
transport  dirt,  manure,  sand,  gravel,  mud,  ashes,  lime, 
garbage,  swill,  offal,  or  other  loose  materials,  in  any  of 
the  streets  of  said  city,  shall  be  fitted  with  a  good  and 
substantial  tight  box  thereon,  the  sides  of  which  shall  be 
twenty-four  inches,  and  the  tail-board  eighteen  inches  high, 
so  that  no  portion  of  such  dirt,  sand  or  other  loose  mate- 
rial be  scattered  or  thrown  into  any  of  said  streets  ;  and 
all  carts  or  other  vehicles,  when  used  in  carting  slaked 
lime,  garbage,  offal,  swill,  or  other  offensive  matter,  or 
ashes,  shall  have  the  box  thereof  closely  covered  with  a 


OP  GARBAGE  AND  OTHER  CARTS.  373 

sufficient  covering  of  cloth,  or  boards  closely  fitted,  so  as  Regulations. 
to  prevent  the  escape  or  flying  about  of  any  of  the  con- 
tents, or  effluvia  therefrom;  and  every  person  using  any 
cart  or  other  vehicle  for  any  such  purpose,  without  its 
being  so  fitted  shall  be  deemed  guilty  of  a  violation  of 
this  chapter. 


374  OF  EXPRESS  WAGONS. 


CHAPTER  XXXVIII. 

OF  EXPRESS  WAGONS. 

§  !••  All  the  provisions  of  the  preceding  chapter  of 
these  ordinances,  as  far  as  relates  to  carts  and  cartmen, 
and  not  inconsistent  herewith,  excepting  sections  2,  3,  6, 
10,  20  and  21  of  said  chapter;  are  extended  to,  and  shall 
include  and  be  applicable  to  all  wagons  and  other  vehicles, 
commonly  known  as  express  wagons,  which  shall  be  kept, 
used,  driven  or  employed  for  the  transportation  of  any 
thing  whatsoever,  to  or  from  any  place  within  the  city  of 
New  York,  from  or  to  any  place  wheresoever,  for  hire, 
wages  or  pay;  provided  always,  that  the  owner  or  owners 
of  such  wagons  or  vehicles  shall  have  a  place  in  the  city 
of  New  York,  for  the  transaction  of  such  business. 

§  2.  The  Mayor  shall,  from  time  to  time,  license  and 
appoint  so  many  and  such  persons  as  he  may  think  proper 
to  set  up  and  keep  one  or  more  express  wagons  in  said 
city ;  and  he  may  revoke  or  suspend  any  or  all  such 
licenses  at  his  pleasure;  but  it  shall  not  be  lawful  for  any 
person  to  receive  or  hold  a  license  to  keep  such  express 
wagons,  unless  he  is  the  actual  owner  of  the  wagon  or 
wagons,  and  of  a  good  horse  or  horses  therefor,  nor  unless 
he  be  a  citizen  of  the  United  States,  and  has  a  family,  and 
resides  with  his  family  in  said  city;  or  if  not  having  a 
family,  shall  have  resided  himself  therein  during  the  six 
months  preceding,  and  the  Mayor  may  examine,  under 
oath,  all  persons  applying  for  or  holding  any  such  license 
or  the  renewal  thereof,  touching  their  qualifications,  as 
aforesaid ;  and  all  licenses,  other  than  to  persons  so 
qualified,  shall  be  void, 


OP  EXPRESS  WAGONS.  375 

§3.  The  Mayor  shall  require  and  receive,  for  the  use  License  Fee. 
of  the   city,  from   every  person  to  whom  he  may  grant 
license  to  keep  such  express  wagons,  five  dollars  for  every 
wagon  so  licensed,  and  two  dollars  and  fifty  cents  for  the 
licenses  of  each  wagon  renewed. 

§  4.  Every  such  express  wagon  shall  have  fairly  painted 
on  the  outside  thereof,  in  a  conspicuous  place,  on  each 
side,  so  as  to  be  easily  seen,  in  plain  letters  and  figures  of 
at  least  two  and  a  half  inches  in  length,  the  name  of  the 
owner  or  owners,  the  place  of  business  in  said  city,  and 
the  number  of  the  license  for  such  wagon,  and  such 
owner  or  owners  shall  be  responsible  for  all  articles  in- 
trusted to  such  wagon  or  to  the  driver  thereof,  and  for 
the  conduct  of  such  driver,  whilst  in  charge  of  or  with 
such  wagon. 

§  5.  No  person  shall  drive  such  express  wagon  unless  Drivers  to  be 

0  licensed. 

he  be  twenty-one  years  of  age,  and  have  obtained  license 
from  the  Mayor  for  such  purpose,  under  the  penalty  of 
ten  dollars  for  every  such  offense,  to  be  recovered  from 
the  owner  or  owners  of  such  express  wagon,  and  from  such 
driver,  both  or  either. 

§  6.  The  Mayor  is  hereby  authorized  to  grant  licenses,  ibid, 
from  time  to  time,  to  drivers  of  such  express  wagons,  as 
are  herein  mentioned,   as  often  as  may  be  necessary,  and 
to  suspend  and  revoke  the  same  whenever  he  may  deem  it 
expedient. 

§7.  Any  driver  of  an  express  wagon  who  shall  be 
thrice  convicted  of  a  breach  of  any  of  the  sections  of  this 
chapter  of  these  ordinances,  shall  be  deprived  of  his 
license  and  forever  debarred  of  a  license  under  this  chap- 
ter. 


37G  OF  STAGES  OB  ACCOMMODATION  COACHES. 


CHAPTER  XXXIX. 

OF  STAGES,  OE  ACCOMMODATION  COACHES. 

ARTICLE  I. — OF    LICENSING  STAGES    OR    ACCOMMODATION 

COACHES. 
II. — OF  THE  PLACES  AT  WHICH  STAGES  MAY  STAND, 

WAITING  FOR  HIRE. 

III. — OF  STAGES  WHILE  ON  THE  STAND,  OR  MOVING 

FROM  ONE  PART  OF  THE  STAND  TO  ANOTHER. 

IV. — OF  STAGES  WHILE  GOING  OR  DRIVING. 
V.— OF  THE  SUPERINTENDENCE  OF  STAGES. 
YI. — GENERAL  PROVISIONS. 

ARTICLE  I. 

OF  LICENSING  STAGES  OR  ACCOMMODATION  COACHES  AND 
DRIVERS. 

License  of  §  1.  The  Mayor  of  the  city  of  New  York,  for  the  time 
being,  is  hereby  authorized  and  required,  from  time  to 
time,  to  issue  licenses,  under  his  hand  and  seal,  in  accord- 
ance with  the  provisions  of  the  laws  of  the  State  of  New 
York,  to  persons  to  keep  and  use  accommodation  coaches 
or  stage  coaches.  Such  licenses  shall  specify,  in  each  case, 
and  for  each  coach  or  stage,  the  name  of  the  owner;  the 
number  of  the  coach  or  stage;  the  route  to  be  taken  in 
going  to,  and  returning  from,  such  parts  of  the  city  for 
which  it  shall  be  licensed. 

of  LI-  §  2.  All  licenses  granted  by  virtue  of  this  chapter,  shall 
expire  on  the  first  Monday  in  July  next  after  the  date 
thereof,  and  shall  be  renewed  by  the  Mayor,  on  appli- 
cation, 


OP  STAGES  OR  ACCOMMODATION   COACHES.  377 

§  3.  A  separate  license  shall  be  taken  out  for  every  ac-  rach stage 

J  tobe  licensed 

commodation  stage  or  coach. 

§4.  Every  person  licensed,  by  virtue  of  the  provisions  Licence  re« 
of  this  chapter,  shall  pay  to  the  Mayor  of  the  city  of  New 
York,  for  the  use  of  the  city,  for  every  accommodation 
coach  or  stage,  or  stage  coach  which  such  person  shall 
keep,  the  sum  of  thirty  dollars,  when  drawn  by  four 
horses,  and  twenty  dollars,  when  drawn  by  two  horses ; 
and  half  those  prices  respectively,  when  the  tire  of  any 
accommodation  coach  or  carriage  licensed  by  this  act 
shall  be  of  the  width  of  four  inches  or  upwards. 

§  5.  No  accommodation  coach  or  stage  drawn  by  more  Horses- 
than  two  horses,  except  such  as  were  licensed  before  the 
seventh  day   of  April,   one  thousand   eight   hundred   and 
thirty-five,  shall  be  licensed,  or  permitted   to   run  in  the 
streets  of  this  city. 

§  6.  The  owner  of  any  coach  or  stage,  driven  without  Penalty, 
license,  or  taking  any  other  route  than  that  designated  by 
license,  or  using  any  other  street  or  place  than  that  as- 
signed by  license  to  it,  shall,  in  each,  or  any,  or  every 
case  of  such  violation  of  this  chapter,  be  subject  and 
held  to  pay  the  penalty  of  twenty-five  dollars. 

§  7.  No  person   shall  keep  or  drive  for  hire  or  wages  No  pta?e  l<> 

°     be  use-i  witu- 
in  the   city   of  New  York,   any  accommodation   coach  or  out  Ucense- 

stage,  or  stage  coach,  by  whatever  name  or  title  the  same 
may  be  known  or  designated,  without  being  licensed  as 
aforesaid,  under  the  penalty  of  fifty  dollars  for  every  such 
offense,  to  be  recovered  from  the  owner  or  owners,  or 
driver  thereof,  severally  and  respectively. 

§8.  No  person   shall  drive  any   such  coach   or   stage,  License  or 
unless  he  be  twenty-one  years  of  age,  and  have  obtained 
license  from  the  Mayor  for  such  purpose,  under  the  pen- 

25 


378 


OF  STAGES  OR  ACCOMMODATION   COACHES. 


License  fee 
of  Drivers. 


Penalties. 


Ftands  for 
Stages. 


Ibid. 


alty  of  ten  dollars  for  every  such  offense,  to  be  recovered 
from  the  owner  of  such  coach  or  stage,  and  from  such 
driver,  both  or  either. 

§  9.  The  Mayor  is  hereby  authorized  to  grant  licenses, 
from  time  to  time,  to  drivers  of  such  coaches  as  are  herein 
mentioned,  as  often  as  may  be  necessary,  and  to  suspend 
and  revoke  the  same  whenever  he  may  deem  it  expedient; 
and  every  driver  of  a  stage  or  accommodation  coach  shall, 
on  receiving  his  license,  pay  to  the  Mayor  of  the  city  of 
New  York,  for  the  use  of  the  city,  the  sum  of  twenty-five 
cents. 


of  any  stage,  coach  or  carriage,  wlo 
shall  be  thrice  convicted  of  a  breach  of  any  of  the  sections 
of  this  article  of  thschapter,  shall  be  deprived  of  his 
license,  and  forever  debarred  of  a  license  under  this 
ordinance. 

§  11.  The  provisions  and  penalties  of  the  several  sec- 
tions of  the  ordinances  regulating  hackney  coaches,  shall 
apply,  in  every  respect,  to  all  accommodation  stages  or 
coaches,  or  stage-coaches,  which  shall  or  may  be  licensed, 
by  virtue  of  the  provisions  of  this  chapter. 

ARTICLE  II. 

OF  THE  PLACES  AT  WHICH  STAGES  MAY  STAND  WAITING  FOR 

HIRE. 

§  12.  Accommodation  stages  or  coaches,  or  stage-coaches 
may  stand,  waiting  for  hire  or  employment,  at  all  times, 
Sundays  excepted,  at  the  stands  herein  named,  to  wit : 

All  those  stages  or  coaches  which  run  or  ply  between 
Wall  street  and  Greenwich  Village,  may  stand,  for  the 
purpose  of  receiving  passengers,  on  the  westerly  side  of 
Nassau  street,  between  Wall  street  and  Pine  street,  and 


OF  STAGES   OR   ACCOMMODATION   COACHES.  379 

on  the  westerly  side  of  Broad  street,  at  its  junction  with 
Wall  street,  and  at  such  other  places  as  may  be  designated 
by  the  Mayor. 


§  13.  The  stage-coaches  or  carriages  named  in  the 
preceding  section  of  this  chapter  may,  from  time  to  time,  stages> 
in  their  passage  northward  from  the  said  stand,  call  at 
the  southwesterly  corner  of  Nassau  street  and  Pine  street, 
to  take  up  and  receive  passengers,  provided,  that  no  such 
stage-coach  or  carriage  shall  remain  or  stand  at  the  said 
corner  longer  than  five  minutes  at  any  one  time. 

§  14.  It  shall  be  the  duty  of  the  Alderman  and  Coun-  stands. 
cilmen  of  the  respective  districts,  where  it  may  be  neces- 
sary to  fix  a  stand  for  the  accommodation  of  stage-coaches, 
together  with  the  Mayor,  to  designate  a  place  for  the 
accommodation  of  said  coaches;  and  the  place  so  fixed 
upon  by  a  majority  of  them,  shall  be  the  stand  or  place 
until  a  change  shall  be  made  by  the  same  authority. 

§  15.  The  Aldermen  and  Councilmen  of  the  districts  stands. 
embracing  the  Fourth,  Sixth,  Seventh  and  Tenth  Wards 
are  hereby  authorized  to  designate  a  place  or  stand,  on 
Chatham  square,  for  the  accommodation  of  stages  from 
Harlem,  Yorkville,  or  any  intermediate  places,  and  which 
receive  or  discharge  their  passengers  in  the  Bowery,  and 
also  to  fix  the  period  of  time  which  they  shall  be  per- 
mitted to  remain  there;  and  the  stand  so  designated  shall 
be  appropriated  for  said  stages. 

§  16.  If  any  stage  or  accommodation  coach  or  carriage  Ibid 
shall  be  allowed  to  stand,  for  hire  or  employment,  in  any 
other  street  or  place,  or  for  any  longer  time  than  is  pre- 
scribed by  or  under  this  chapter,  the  owner  or  driver 
thereof  shall  forfeit  and  pay,  for  every  such  offense,  the 
sum  of  five  dollars,  to  be  sued  for  and  recovered  from  the 
owner  and  driver  thereof,  severally  and  respectively. 


380  OP  STAGES  OE  ACCOMMODATION  COACHES. 

ARTICLE    III. 

OF  STAGES  WHILE  ON  THE    STAND,  OR  MOVING  FROM  ONE  PART 
OF  A  STAND  TO  ANOTHER. 

Kandsns  §  ^'  ^V61T  stage-coach  or  carriage  named  or  referred 
to  in  the  second  article  of  this  chapter  shall,  on  return- 
ing to  the  stands  designated  for  them,  take  its  station  in 
the  rear  of  the  stage-coaches  or  carriages  then  occupying 
the  stands;  and  each  stage-coach  or  carriage,  when  leav- 
ing the  said  stand,  shall  wait  for  its  turn  in  the  order  in 
which  it  arrives  on  said  stand,  under  a  penalty  for  a  viola- 
tion of  either  of  the  provisions  of  this  section,  of  ten 
dollars,  to  be  sued  for  and  recovered  from  the  owner  or 
driver  thereof,  severally  and  respectively. 

§  18.  No  stage-coach  or  carriage,  occupying  either  of 
the  stands  designated  for  them,  shall,  for  the  purpose  of 
taking  and  conveying  passengers,  leave  the  stand  or  place 
which  it  occupies,  until  its  turn,  under  the  penalty  of  five 
dollars  for  every  offense,  to  be  sued  for  and  recovered 
from  the  owner  or  driver  thereof,  severally  and  respec- 
tively. 

ibid  §  19.  No  stage-coach   or  carriage,  while  upon,   at,  or 

near  either  of  the  said  stands,  shall  stand  abreast,  or  along- 
side of  any  other  stage-coach,  or  carriage,  under  the 
penalty  of  five  dollars  for  every  such  offense,  to  be  sued 
for  and  recovered  from  the  owner  or  driver  thereof,  seve- 
rally and  respectively. 

ittd.  g  20,  No  stage-coach  or  carriage  shall  leave  the  stands 

designated  for  them,  until  five  minutes  shall  have  elapsed 
after  the  departure  of  the  stage-coach  or  carriage  imme- 
diately preceding,  under  the  penalty  of  five  dollars,  to  be 
sued  for  and  recovered  from  the  owner  or  driver  thereof, 
severally  and  respectively. 


OF  STAGES   OR  ACCOMMODATION  COACHES.  381 

§  21.  The  Mayor  of  the  city  of  New  York,  by  and  with  Regulations 

at  Stands. 

the  consent  of  the  Aldermen  and  Councilmen,  represent- 
ing the  respective  districts,  shall  have  full  power  and  au- 
thority to  make  such  rules  and  regulations,  and  give  such 
orders  respecting  the  standing  of  accommodation  stages 
or  coaches  or  stage-coaches,  at  and  upon  the  stands  desig- 
nated and  specified  for  such  coaches  or  stages,  as  may  be 
necessary  to  preserve  order  and  decorum. 

§  22.  Every  owner  or  driver  of  any  such  stage  coach  or  Penalties. 
carriage,  who  shall  neglect  to  obey  any  of  the  said  rules, 
regulations  or  orders,  shall  forfeit  and  pay,  for  every  such 
offense  the  sum  of  five  dollars,  to  be  recovered  from  the 
owner  or  driver  of  any  such  coach  or  carriage,  severally 
and  respectively. 

§  23.  No  person,  whether  driver  or  owner  of  any  regulation  at 
hackney  coach  or  accommodation  stage  coach,  while 
waiting  for  employment,  at  either  of  the  said  stands,  shall 
snap  or  flourish  his  whip,  or  shall  leave  such  coach  or  car- 
riage under  the  penalty  of  five  dollars  for  every  such 
offense,  to  be  recovered  from  the  owner  or  driver  thereof, 
severally  and  respectively. 

AKTICLE  IT. 

OF  THE   STAGES  WHILE  GOING   OE  DRIVING. 

§  24.  The  owner  or  driver,  or  person  having  charge  of  speed, 
any  stage  or  accommodation  coach,  shall  not  drive,  or 
permit  the  same  to  be  driven  in  the  city  of  New  York,  at 
greater  speed  than  at  the  rate  of  dx  miles  an  hour,  nor  at 
a  less  rate  than  four  miles  an  hour,  unless  obstructed  in 
the  streets,  under  the  penalty  of  ten  dollars  for  every  such 
offense. 

§  25.  The  owner  or  driver,  or  person  having  charge  of  passi 
any  stage  or   accommodation    coach,   shall    not,    on  any  Tehic'e8 


382  OF   STAGES   OR  ACCOMMODATION  COACHES. 

street,  road,  avenue  or  highway  in  the  city  of  New  York, 
pass  or  attempt  to  pass  with  the  same  any  other  stage  or 
accommodation  coach,  which  shall  be  driving  or  going  the 
same  route  or  direction  on  the  same  street,  road  or  way, 
at  the  rate  or  speed  of  four  miles  and  upwards  an  hour, 
under  the  penalty  of  ten  dollars  for  every  such  offense. 

rS.ins  °n  §  26-  No  coacn  or  stage,  after  the  commencement  of  its 
route  in  going  or  returning,  shall  stop  until  its  arrival  at 
the  termination  of  such  route,  unless  an  actual  necessity 
shall  exist  therefor,  (or  to  set  down  a  passenger  or  pas- 
sengers, or  to  take  up  and  into  such  stage  a  passenger  or 
passengers  claiming  to  be  admitted);  and  no  such  coach 
or  stage  shall  be  stopped  or  driven  abreast  of  another,  or 
stopped  so  as  to  obstruct  the  free  passage  of  any  cross- 
walk or  cross  street,  or  the  passage-way  at  the  intersec- 
tion, head  or  termination  of  any  street,  under  the  penalty 
of  ten  dollars  for  each  and  every  offense. 

settinf  i?wn  §  ^'  ^°  driver  shall  take  up  or  set  down  any  passen- 
1  ger  or  passengers,  except  upon  the  right  hand  side  of  the 
way,  in  going  and  returning  on  his  route,  between  Tenth 
street,  in  Broadway,  Chatham  square,  head  of  Chatham 
street,  and  the  southerly  or  easterly  termination  of  his 
route,  under  the  penalty  of  ten  dollars  for  each  offense. 

Ks?"  °f  §  ^'  Every  stage  or  coach  shall  be  numbered,  on  each 
side  near  the  centre  thereof,  and  on  the  door  behind,  both 
on  the  inside  and  the  outside  panel,  with  the  license 
number  thereof,  in  plain,  distinct  figures,  four  inches  in 
length,  painted  on  a  ground  of  a  distinct  contrast  color, 
and  so  placed  as  to  be  readily  seen  and  known  at  all 
times,  under  the  penalty  of  twenty-five  dollars  for  each 
and  every  day's  use  of  such  stage  or  coach  not  so  num- 
bered. 

uumbserswita      §  29-  Every  stage  or  coach  when  driven  or  used  in  the 


.  OF  STAGES   OR  ACCOMMODATION   COACHES.  3*3 

night,  shall  have  fixed  upon  the  inside  of  the  front  of  the 
stage,  a  sufficient  lighted  lamp  or  candle,  and  shall  have 
the  number  of  its  license,  in  plain  legible  figures  of  at 
least  four  inches  in  length,  and  no  other  figure  or  device, 
painted  on  each  front  side  sash-light  of  such  stage  or  ac- 
commodation coach,  in  such  a  manner  that  the  same  may 
be  distinctly  seen  and  known  by  persons  either  inside  or 
outside,  (whether  the  said  stage  or  accommodation  coach 
may  be  standing  or  driving);  said  sashes  to  be  made  and 
kept  stationary,  under  a  penalty  of  ten  dollars  for  every 
violation. 

§  30.  No   stage   or  coach  shall  have  exhibited,  on  any  Numbers. 
part   thereof,  any  other  number  than  the  number  of  its 
license,  under  the  penalty  of  fifty  dollars. 

§31.  All  stages  shall  be  prohibited  from  stopping  by  ^gng  of 
the  sidewalk,  in  front  of  any  hotel  or  private  residence, 
without  express  permission  of  the  occupants  thereof,  except 
for  the  purpose  of  taking  up  such  passengers  as  may  hail 
them,  or  of  setting  down  those  who  may  desire  to  quit 
them . 

§  32.  No  stage  shall  be  allowed  to  stop,  for  the  purpose  watering 
of  watering  the  horses  attached  thereto,  excepting  at  such 
points   as   may  be   selected  and   designated   by  the  City 
Marshal. 

§  33.  The  owner    or   owners,   driver,   and   any  person  renames, 
having  the  charge  of  any  stage  or  accommodation  coach, 
shall  be  liable,  severally  and  respectively,  for  the  penalty 
or  penalties  prescribed  for  any  and  every  infringement  of 
the  provisions  of  this  chapter. 

§34.  It  shall  be   the  duty,  especially  of  all   day   and  pep°'t  <-f  of- 
other  police  officers  and  Mayor's  marshals,  to  daily  report 
all  violations  of  the  laws  and  regulations  appertaining  to 


384  OF  STAGES   OR  ACCOMMODATION   COACHES. 

stages  or  accommodation  coaches,  to  the  Attorney  of  the 
Corporation. 

ARTICLE  V. 

OF  THE   SUPERINTENDENCE  OF  STAGES. 
Duties.  g  35     jt  g]iall   be  t]ie  dufv    of    the  person   or  Ofgcer  exer. 

cising  the  duties  of  Superintendent  of  Stages,  to  visit  the 
stands  designated  in  this  chapter,  and  such  other  places  as 
may,  by  law,  be  designated  as  stands  for  stages.  He 
shall  have  full  power  and  authority  to  order  away  from 
the  stands,  any  coach  or  stage  not  provided  with  proper 
and  sufficient  horses  or  harness:  or  if  the  horses  attached 
thereto  are  unruly  ;  or  if  the  driver  or  person  having 
charge  thereof  is  intoxicated,  or  in  any  manner  misbehaves 
himself. 

siipodmen-  §  36.  If  any  person  or  persons  having  charge  of  any 
such  stage  or  coach,  shall  refuse  or  neglect  to  obey  such 
order  of  the  said  person  or  officer,  he  or  they  shall  forfeit 
and  pay,  for  every  such  offense,  the  sum  of  five  dollars,  to 
be  recovered  from  the  owner  or  driver  thereof,  severally 
and  respectively. 

Duties  of  sn-      §  37.  It  shall  be  the  duty  of  the  said  person  or  officer, 

periiitendent  J 

to  see  that  all  the  laws  regulating  accommodation  stages 
and  coaches,  are  in  every  respect  complied  with;  and  it  is 
particularly  enjoined  upon  the  said  person  or  officer,  that 
he  report  all  offenders  thereof  to  the  Attorney  of  'die  Cor- 
poration. 

Ibid>  §  38.  The  said  person  or  officer,  under  the  direction  of 

the  Mayor  of  the  city  of  New  York,  shall  determine  the 
number  of  coaches  or  stages  for  any  particular  stand;  and 
he  shall  also  designate  the  proper  boundaries  and  limits 
of  every  stand. 


OF  STAGES   OK  ACCOMMODATION   COACHES.  3 85 

ARTICLE  VI. 

GENERAL     PROVISIONS. 

§  39.  All  the  provisions  and  penalties  of  this  chapter,  sieighs. 
except  those  requiring  lamps,  shall  apply  to  sleighs  which 
shall  come  upon  and  use  the  stands  designated  for  them, 
and  to  the  owner  or  owners,  or  drivers  thereof;  and  shall 
also  apply,  in  all  respects,  to  sleighs  which  shall  be  driven 
and  used  for  the  conveyance  of  passengers,  in  the  city  of 
New  York,  for  hire  or  wages. 

§40.  Every  owner,  driver  or  person  having  charge  of  Number  and 

J  name    to    bo 

any  accommodation  coach  or  stage,  shall,  upon  being  re-  fi 
quested  so  to  do,  give  to  any  person  or  persons  the  number 
of  his  coach  or  stage,  the  name  of  the  owner  thereof,  and 
his  place  of  abode;  and  in  default  thereof,  shall  forfeit 
and  pay  the  sum  of  ten  dollars  to  be  sued  for  and  reco- 
vered from  the  owner  or  driver  of  any  such  coach  or  stage 
severally  and  respectively. 


386  OP  HACKNEY  COACHES  AND  CABS. 


CHAPTER  XL. 

OF  HACKNEY  COACHES  AND  CABS. 

ARTICLE  I. — OP  LICENSING  OWNERS  OF  HACKNEY  COACHES. 
II. — OF  LICENSING  DRIVERS  OF  HACKNEY  COACHES. 
III. — OF  THE  RATES  AND  PRICES  OF  FARES. 
IV. — OF    THE   REGULATING   AND    NUMBERING    OF 

HACKS. 
V. — OF  THE  PLACES  AT  WHICH  HACKS  MAY  STAND 

FOR  HIRE. 

VI. — OF  SPECIAL  HACKNEY  COACHES  OR  CARRIAGES. 
VII. — OF     THE     SUPERINTENDENCE    OF    HACKNEY 

COACHES  AND  CARRIAGES. 
VIII.— OF  CABS. 

ARTICLE  I. 

OF  LICENSING   OWNERS   OF   HACKNEY   COACHES. 

Licensor  §  1-  The  Mayor  of  the  city  of  New  York,  for  the  time 
being,  shall,  from  time  to  time,  issue  licenses  under  his 
hand  and  seal,  to  so  many  and  such  persons  as  he  shall 
think  proper,  to  keep  hackney  coaches  and  carriages  for 
hire  in  the  said  city,  and  to  revoke  all  or  any  of  the  said 
licenses. 

Ibid-  §  2.  No  person  who  is  not  a  citizen  of  the  United  States, 

a  resident  of  this  city  for  the  last  six  months,  of  the  age 
of  twenty-one  years  and  upward,  and  the  owner  of  two 
good  horse:,  and  a  sufficient  hackney  coach  or  carriage, 
shall  be  licensed  as  aforesaid. 

°ath-  §  8.  The  Mayor  of  the  said  city  may  administer  to  any 

person  applying  for  a  license,  an  oath  or  affirmation,  and 
shall  examine  such  person  orally,  touching  his  said  appli- 
cation and  qualifications  to  receive  said  license. 


OF  HACKNEY  COACHES  AND  CABS.  387 

§  4.  All  licenses  to  the  owners  of  hackney  coaches  and  Term  of  Li- 
carriages,  shall  expire  on  the  first  Monday  of  June,  next 
after  the  date  thereof. 


§  5.  If  the  owner  of  any  hackney  coach,  who  may  have 
received  a  license,  shall  sell  or  dispose  of  such  coach  be- 
fore the  expiration  of  such  license,  such  licensed  owner 
shall,  within  ten  days  after  such  sale,  report  the  same  to 
the  person  exercising  the  duties  of  Superintendent  of 
Hackney  Coaches,  who  shall  be  authorized  with  the  con- 
sent of  the  Mayor,  to  transfer  such  license  to  the  purchaser 
of  such  hackney  coach,  on  the  payment  of  one  dollar;  and 
every  owner  of  a  hackney  coach  who  shall  neglect  to  re- 
port any  such  sale  to  the  said  person,  shall  forfeit  and  pay 
the  sum  of  five  dollars. 

§6.  No  licensed  person  shall  be  entitled  to  have  hisJ!£2Elof 
license  renewed,  unless  he  shall  make  it  satisfactorily  ap- 
pear on  oath,  as  aforesaid,  that  he  still  owns  two  good 
horses,   and   a  sufficient   and  proper  hackney   coach,   as 
aforesaid. 

§7.  Every  license   shall   state  the  number  of  the  car-  Number. 
riage  for  which  the  same  is  granted. 

§  8.  Every  person  who   may  be  licensed   as   aforesaid  i>icen=c  Fee 

c  J     L  J  of  owners. 

shall  pay  the  Mayor,  for  the  use  of  the  city,  for  each  hack- 
ney coach  or  carriage,  which  such  person  shall  keep  for 
hire,  the  sum  of  five  dollars. 

§  9.  Every  person  who  shall  keep  or  drive  any  hackney  Penalty. 
coach  or   carriage,   for   hire,   in  the  city  of  New  York, 
without  being  first  licensed  as  aforesaid,  shall  be  liable  to 
the  penalty  of  twenty-five  dollars  for  every  such  offense. 


388  OF  HACKNEY  COACHES  AND  CABS. 

ARTICLE  II. 

OF  LICENSING  DRIVERS   OF   HACKNEY  COACHES. 

2£?'8  Li'  §  10-  The  MaJ°r  of  the  cit7  of  New  York  shall  have 
full  power  and  authority  from  time  to  time,  to  issue  li- 
censes, under  his  hand  and  seal,  to  so  many  and  such  per- 
sons as  he  may  think  proper,  to  drive  hackney  coaches 
and  carriages,  and  at  pleasure,  to  revoke  all  or  any  of  the 
said  licenses. 

§11.  All  licenses  to  drivers  of  hackney  coaches  or  car- 
riages, shall  expire  on  the  first  Monday  in  June  next  after 
the  date  thereof. 

of  Drive?6  §  ^'  -^veiT  driver  of  a  hackney  coach  or  carriage  shall, 
on  receiving  his  license,  pay  to  the  Mayor  of  the  city  of 
New  York,  for  the  use  of  the  said  city,  the  sum  of  one 
dollar. 

penalty.  No   person  shall  drive  any  hackney  coach  or  carriage, 

without  being  at  the  time  licensed  as  aforesaid,  under  the 
penalty  of  five  dollars  for  each  offense. 

w?ihou°tdr£     §  13.  No  owner  of  any  hackney  coach,  carriage  or  cab, 


shall  suffer  or  permit  any  person  to  drive  such  hackney 
coach,  carriage  or  cab,  who  is  not  licensed  as  aforesaid; 
nor  shall  the  owner  permit  any  driver  who  has  received 
any  license  as  aforesaid,  to  drive  any  coach,  carriage  or 
cab,  other  than  the  number  for  which  he  is  licensed,  under 
the  penalty  of  ten  dollars  for  every  such  offense. 

££e!ltogLI"  §  14.  Any  driver  who  shall  be  thrice  convicted  of  a 
breach  of  any  of  the  sections  of  this  chapter,  shall  be  de- 
prived of  his  license,  and  forever  debarred  of  a  license 
under  this  chapter. 

§15.  Every  licensed  owner  or  driver  of  any  hackney 
coach,  carriage  or  cab  in  the  city  of  New  York,  whenever 


OP  HACKNEY  COACHES  AND  CABS.  389 

he  shall  drive  any  such  coach,  carriage  or  cab,  or  shall  be 
with  his  coach,  carriage  or  cab  on  any  public  stand,  or  at 
any  of  the  steamboat  or  other  landings,  or  railroad  depots, 
or  while  waiting  for  employment  at  any  place  in  said  city, 
shall  wear  conspicuously  on  his  hat  a  badge,  with  the  num- 
ber of  his  license  fixed  thereon — the  figures  composing 
which  number  shall  be  of  brass,  or  some  other  metal,  and 
at  least  one  inch  in  length.  The  form  and  material  of  the 
said  badge  shall  be  determined  by  the  Mayor  of  said 
city. 

§  16.  No  owner  of  any  such  coach,  carriage  or  cab  in  Badge  of  per. 
said  city  shall  suffer  or  permit  any  licensed  driver  to  drive  s° 
any  such  coach,  carriage  or  cab,  unless  such  driver  shall 
have  fastened  on  his  hat,  conspicuously  displayed,  a  badge, 
with  the  number  of  his  license  thereon,  as  aforesaid. 

§17.  No  person,  except  a  licensed  owner  or  driver  oflbid- 
any  such  coach,  carriage  or  cab  in  the  said  city,  shall  wear 
the  badge  of  any  such  licensed  owner  or  driver,  or  any 
badge  purporting  to  be  the  badge  of  any  such  licensed 
owner  or  driver;  nor  shall  any  person  other  than  a  licensed 
driver  or  owner  solicit  passengers  for  any  such  coach,  car- 
riage or  cab;  nor  shall  any  such  licensed  owner  or  driver 
wear  any  other  than  his  own  badge,  or  suffer  or  permit 
any  other  person  to  wear  the  same. 

§  18.  Every  driver  of  any  such  coach,  carriage  or  cab,  Card3 
shall  present  to  every  passenger  employing  him,  a  card,  on 
which  shall  be  legibly  printed,  the  number  of  his  license, 
and  also  the  name  and  stable  of  the  owner,  and  the  num- 
ber of  the  coach,  carriage  or  cab  driven  by  him,  together 
with  the  place  of  the  Mayor's  office;  and  every  such  owner 
may,  with  the  consent  of  the  captain,  agent,  or  superinten 
dent  of  any  steamboat  or  ship,  or  railroad  company  lanc( 


390  OF  HACKNEY  COACHES  AND  CABS. 

ing  at,  or  terminating  in  said  city,  enter  on  board  such 
steamboat  or  ship,  or  into  the  depot  of  such  company,  for 
the  purpose  of  soliciting  passengers,  providing  he  shall 
comply,  in  every  respect,  with  the  provisions  of  this  chap- 
ter. 

§  19.  Any  licensed  owner  or  driver  of  any  hackney 
coach,  carriage  or  cab,  or  any  other  person  who  shall  neg- 
lect to  comply  with,  or  violate  either  of  the  provisions  of 
the  15,  16, 17  or  18th  sections  of  this  chapter,  shall  be  lia- 
ble to  a  penalty  of  ten  dollars  for  every  such  neglect  or 
violation. 

SSa«cSS~  §  20-  The  last  five  sections  shall  not  apply  to  any  licensed 
owner  or  driver  of  any  coach,  carriage  or  cab  having  a 
special  license. 

ARTICLE  III. 

OF  THE  RATES  AND  PRICES  OF   FARES. 

Fut-e30f  §  21-  The  prices  or  rates  of  fare  to  be  taken  by  or  paid 

to  the  owners  or  drivers  of  hackney  coaches  or  carriages, 
shall  be  as  follows,  to  wit: 

1.  For  conveying  a  passenger  any   distance  not  ex- 

ceeding one  mile,  fifty  cents;  for  conveying  two 
passengers  the  same  distance,  seventy-five  cents, 
or  thirty-seven  and  a  half  cents  each;  and  for 
every  additional  passenger,  thirty-seven  and  a 
half  cents. 

2.  For  conveying  a  passenger  any  distance  exceeding 

a  mile,  and  within  two  miles,  seventy-five  cents: 
and  for  every  additional  passenger,  thirty-seven 
and  a  half  cents. 

3.  For  conveying  a  passenger  to  the  new  Alms-house 

and  returning,  one  dollar;  and  for  every  addi- 
tional passenger,  and  returning,  fifty  cents. 


OF  HACKNEY   COACHES   AND   CABS.  391 

4.  For  conveying  one  passenger  to  Fortieth  street  and  £atcs  of 

remaining  half  an  hour,  and  returning,  one  dol- 
lar and  a  half;  and  for  every  additional  passen- 
ger, fifty  cents. 

5.  For  conveying  one  passenger  to  Sixty-first  street, 

and  remaining  three-quarters  of  an  hour,  and  re- 
turning, two  dollars;  and  for  every  additional 
passenger,  fifty  cents. 

6.  For  conveying  one  passenger  to  Eighty-sixth  street, 
and  remaining  one  hour,  and  returning,  two  dol- 
lars and  a  half;  and  for  every  additional  passen- 
ger seventy-five  cents. 

7.  For  conveying  one  or  more  passengers  to  Harlem, 

and  returning,  with  the  privilege  of  remaining 
three  hours,  five  dollars,  or  to  the  High  Bridge, 
five  dollars,  with  the  same  privilege. 

8.  For  conveying  one  or  more  passengers  to  Kings- 

bridge  and  returning,  with  the  privilege  of  keep- 
ing the  carriage  all  day,  five  dollars. 

9.  For  the  use  of  a  hackney  coach  or  carriage  by  the 

day,  with  one  or  more  passengers,  five  dollars. 

10.  For  the  use  of  a  hackney  coach  or  carriage  by  the 
hour,  with  one  or  more  passengers,  with  the  pri- 
vilege of  going  from  place  to  place,  and  stopping 
as  often  as  may  be  required,  one  dollar  an  hour. 

1 1 .  In  all  cases  where  the  hiring  of  a  hackney  coach 
or  carriage  is  not,  at  the  time  thereof,  specified 
to  be  by  the  day  or  hour,  it  shall  be  deemed  to 
be  by  the  mile. 

12.  For  children  between  two  and  fourteen  years  of 

age,  half  price  is  only  to  be  charged;  and  for 
children  under  two  years  of  age,  no  charge  is  to 
be  made, 


392  OF  HACKNEY   COACHES  AND    CABS. 

13.  Whenever  a  hackney  coach  or  carriage  shall  be 

detained,  excepting  as  aforesaid,  the  owner  or 
driver  shall  be  allowed  after  the  rate  of  seventy- 
five  cents  an  hour. 

14.  For  attending  a  funeral  within  the  lamp  and  watch 

district,  two  dollars;  and  to  the  Potter's  Field, 
three  dollars;  which  charges  shall  include  for  the 
necessary  detention  and  returning  with  passen- 
gers. 

15.  Every  driver  or  owner  of  a  hackney  coach,  car- 
riage or  cab,  shall  carry,  transport  and  convey, 
in  and  upon  his  coach,  carriage  or  cab,  in  addition 
to  the  person  or  persons  therein,  one  trunk,  valise, 
saddle-bag,  carpet-bag,  portmanteau  or  box,  if  he 
be  requested  so  to  do,  for  each  passenger,  without 
charge  or  compensation  therefor;  but  for  every 
trunk  or  such  articles  as  above-named,  more  than 
one  for  each  passenger,  he  shall  be  entitled  to 
demand  and  receive  the  sum  of  six  cents. 

Disputes.  §  22.  In  case  of  disagreement  as  to  distance  or  price, 
the  same  shall  be  determined  by  the  Mayor. 

collecting  §  23  The  owner  of  any  hackney  coach  or  carriage  shall 
not  demand  or  receive  any  pay  for  the  conveyance  of  any 
passenger,  unless  the  number  of  the  carriage,  and  the  rates 
and  prices  of  fare  shall  be  fixed  and  placed  in  the  manner 
hereinafter  directed  by  section  30  of  this  chapter,  at  the 
time  such  passenger  may  be  conveyed  in  such  carriage. 

n>id.  §  24.  The  owner  or  driver  of  any  hackney  coach  or  car- 

riage shall  not  be  entitled  to  recover  or  receive  any  pay 
from  any  person  from  whom  he  shall  have  demanded  any 
greater  price  or  rates  than  he  may  be  authorized  to  re- 
ceive as  aforesaid. 


OP  HACKNEY  COACHES  AND  CABS.  393 

§  2£.  Upon  the  trial  of  any  cause  commenced  for  the  Proof  inac- 
tions, 
recovery  of  any  of  the  aforesaid  prices  or  rates,  it  shall 

be  incumbent  upon  the  plaintiff  or  plaintiffs  in  such  action 
to  prove  that  the  number  and  prices  or  rates  were  placed 
and  fixed  in  pursuance  of  the  provisions  of  this  chapter,  at 
the  time  the  services  were  rendered,  for  which  the  suit  may 
be  brought. 

6  26.  No  owner  or  driver  of  any  hackney  coach  or  car-  Demand  or 

excessive 

riage  in  the  city  of  New  York,  shall  ask,  demand  or  re- fare- 
ceive  any  larger  sum  than  he  or  they  may  be  entitled  to 
receive  as  aforesaid,  under  the  penalty  of  ten  dollars  for 
every  such  offense,  to  be  sued  for  and  recovered  from  the 
owner  or  owners,  or  driver  of  any  such  hackney  coach  or 
carriage,  severally  and  respectively. 

ARTICLE  IV. 

OP  THE  REGULATING  AND  NUMBERING  OP  HACKS. 

§  27.  Every  hackney  coach  or  carriage  which  shall  ^^^^ 
resort  to  or  come  upon  any  of  the  stands  hereinafter  desig- 
nated, or  which  shall  be  found  waiting  for  hire  at  a  place 
other  than  the  house  or  stable  of  the  owner  thereof,  shall 
be  marked  and  numbered  in  the  manner  following,  that  is 
to  say:  The  number  of  the  license  of  the  owner  thereof 
shall  be  fixed  in  plain  legible  brass  figures  of  at  least  two 
inches  in  length  and  a  quarter  of  an  inch  thick  on  each 
side  of  the  rocker,  immediately  under  the  doors  of  the  car- 
riage, on  the  outside  thereof,  and  such  conspicuous  place 
on  the  inside  of  the  carriage  as  shall  be  designated  and 
approved  by  the  Mayor. 

§  28.  Every  hackney  coach  or  carriage,  when  driven  or  Lamps  with 
used  in  the  night,  shall  have  fixed  upon  some  conspicuous  M 
part  of  the  outside  thereof,  two  lighted  lamps  with  plain 
26 


394  OF  HACKNEY  COACHES  AND  CABS. 

glass  fronts  and  sides,  and  having  the  number  of  the  license 
of  the  owner  of  such  hackney  coach  or  carriage  in  plain 
legible  figures,  at  least  two  inches  in  length,  and  no  other 
figure  or  device,  painted  with  black  paint  upon  each  of  the 
said  lamps,  in  such  a  manner  that  the  same  may  be  dis- 
tinctly seen  and  known,  when  the  said  hackney  coach  or 
carriage  may  be  standing  or  driving. 

Penalty.  g  29.  Any  person  or  persons  who  shall  keep  or  drive 

such  hackney  coach  or  carriage,  in  violation  of  any  or 
either  of  the  preceding  provisions  of  this  chapter,  shall 
forfeit  and  pay  for  every  such  offense,  the  sum  of  ten  dol- 
lars, to  be  sued  for  and  recovered  from  the  owner  or  dri- 
ver thereof,  severally  and  respectively. 

card  to  be        &  30.  There  shall  be  fixed  in  every  hackney  coach  or  car- 
axed  in  tho 

riage,  in  such  a  manner  as  can  be  conveniently  read  by 
any  person  in  the  same,  a  card  containing  the  name  of  the 
owner  of  said  carriage,  the  number  of  his  license,  and  the 
whole  of  the  third  article  of  this  chapter  printed  in  plain 
legible  characters. 

Exhibition  of     &  31.  Every  driver  or  owner  of  such  hackney  coach  or 

card.  J 

carriage  shall,  when  required  so  to  do  by  any  passenger  in 
such  hackney-  coach  or  carriage,  exhibit  to  such  passenger 
a  card  in  every  respect  similar  to  the  one  above-mentioned 
and  described  in  the  preceding1  section. 

Penalty.  §  32.  Any  person  who  shall  violate  any  or  either  of  the 

provisions  of  this  chapter,  shall  forfeit  and  pay  for  every 
such  offense  the  sum  of  ten  dollars,  to  be  sued  for  and  re- 
covered from  the  owner  or  driver  of  such  hackney  coach 
or  carriage,  severally  and  respectively. 

Rotv,?at  of         a  33    NO  owner  or  driver  of  any   hackney  coach,  car- 

empbyment. 

riage,  or  cab,  whilst  on  any  of  the  stands,  or  any  stand 
which  may  hereafter  be  made,  or-  at  any  steamboat  land- 


OP  HACKNEY  COACHES  AND  CABS.  395 

ing,  or  other  landing,  or  whilst  waiting  for  employment 
at  any  place  other  than  at  the  stable  or  residence  of  the 
owner  thereof,  shall  refuse  or  neglect  to  convey  any  per- 
son or  persons  to  any  place  or  places  on  the  island  of  New 
York  on  his  being  applied  to  for  that  purpose;  and  on  the 
person  or  persons  being  placed  in  such  coach,  carriage  or 
cab,  shall  immediately  carry  him,  her,  or  them,  (as  the  case 
may  be,)  to  such  place  as  he,  she  or  they  may  request;  nor 
shall  the  owner  or  driver  place  any  other  person  or  persons 
in  such  coach,  carriage  or  cab,  without  the  consent  of  the 
person  or  persons  therein,  or  who  first  engaged  or  called 
upon  him,  under  the  penalty  of  ten  dollars  for  each  and 
every  refusal,  neglect,  or  oifense,  to  be  sued  for  and  recov- 
ered from  the  owner  or  driver  of  any  such  hackney  coach, 
carriage  or  cab,  severally  and  respectively. 

§  34.  No  person,  whether  owner  or  driver  of  any  ^JJJ™"J* 
hackney  coach,  carriage  or  cab,  or  accommodation  stage  coach»*c 
coach,  while  waiting  for  employment  at  either  of  the  pub- 
lic stands,  or  at  any  stand  that  may  hereafter  be  made,  or 
at  any  steamboat  landing,  or  other  landing,  shall  snap  or 
flourish  his  whip,  or  leave  such  coach,  carriage  or  cab,  or 
accommodation  stage  coach,  and  go  on  board  of  any  steam- 
boat or  other  vessel,  or  on  any  pier  or  wharf,  for  the  pur- 
pose of  looking  for  employment  for  such  coach,  carriage 
or  cab,  or  accommodation  stage  coach,  under  the  penalty 
of  ten  dollars  for  each  and  every  offense,  to  be  sued  for 
and  recovered  from  the  owner  or  driver  thereof,  severally 
and  respectively. 

§  35.  All  the  provisions  and  penalties  of  this  chapter, 
except  those  requiring  lamps,  shall  apply  to  the  sleighs, 
which  shall  come  upon  and  use  the  stands  hereinbefore 
designated,  and  to  the  owner  or  owners,  or  drivers  thereof; 
and  shall  also  apply,  in  all  respects,  to  sleighs  which  shall 


396 


OP  HACKNEY  COACHES  AND  CABS. 


Name  and 
number  to  be 


required. 


Soliciting 
passeugers 


be  driven  and  used  for  the  conveyance  of  passengers  in  the 
city  of  New  York,  for  hire  or  wages. 

§  36.  Every  owner,  driver  or  person  having  charge  of 
en  any  hackney  coach  or  carriage,  shall,  upon  being  requested 
to  do  so,  give  to  any  person  or  persons  the  number  of  his 
coach,  the  name  of  the  owner  thereof,  and  his  place  of 
abode;  the  name  of  the  driver  thereof,  and  his  place  of 
abode;  and  in  default  thereof,  shall  forfeit  and  pay  the 
sum  of  ten  dollars,  to  be  sued  for  and  recovered  from  the 
owner  or  driver  of  such  coach,  severally  and  respectively. 

§37.  No  person  shall  solicit  or  request,  nor  shall  the 
licensed  owner  or  driver  of  any  hackney  coach,  carriage 
or  cab,  or  accommodation  stage  coach,  solicit  or  request, 
hire,  employ,  suffer  or  permit  any  person  to  solicit  or  re- 
quest in  any  way,  directly  or  indirectly,  any  person  or  per- 
sons in  the  public  streets,  or  at  any  place  of  public  amuse- 
ment, or  on  board  of  any  steamboat  or  other  vessel,  or  at 
any  steamboat  landing  or  other  landing,  or  upon  any  wharf 
or  pier  in  the  city  of  New  York,  to  ride  in,  or  hire,  or  en- 
gage, or  employ  any  hackney  coach,  carriage  or  cab,  or 
stage  coach,  under  the  penalty  of  ten  dollars  for  each  and 
every  offense,  to  be  sued  for  and  recovered  from  such  per- 
son, owner  or  driver,  any  or  either  of  them,  severally  and 
respectively. 


ARTICLE  Y. 
OP  PLACES  AT  WHICH  HACKS  MAY  STAND  FOR  HIRE. 

§  38.  Hackney  coaches  and  carriages  may  stand  waiting 
for  employment,  at  all  times,  Sundays  except  ed,"^  at  the 
stands  herein  named,  that  is  to  say: 

1.  On  the  northerly  side  of  Chatham  street,  along  the 

Park. 

2.  In  Broadway,  around  the  Bowling  Green. 


Stands  for 
Hacks. 


OF  HACKNEY  COACHES  AND  CABS.  397 

3.  In  Barclay  street,  west  of  Washington  street, 

4.  In  Pearl  street,  at  Hanover  square. 

5.  In  Maiden  lane,  southeast  of  Water  street. 

•6.  In  Murray  street,  between  Washington  street  and 
West  street. 

7.  In  Hudson  street,  along  St.  John's  Park. 

8.  In  Beekman  street,  southeast  of  Water  street. 

9.  In  Hudson  street,  near  the  Little  Park. 

10.  In  Reade  street,  west  of  Washington  street. 

11.  In  Canal  street,  west  of  Washington  street. 

12.  In  Chatham  square. 

13.  In  Grand  street,  southeast  of  Mangin  street. 

14.  In  Catharine  street,  southeast  of  Cherry  street, 
*    after  market  hours. 

15.  On  the  northerly   side   of   Canal   street,   east  of 

Broadway. 

§  39.  The  Mayor  of  the  city  of  New  York,  with  the  ad-  stands  for 

Hacks. 

vice  and  consent  of  the  Alderman  and  Councilmen  of  each 
district,  may,  from  time  to  time,  designate  such  other  place 
or  places  in  each  ward,  as  they  shall  deem  proper,  at  which 
hackney  coaches  and  carriages  may  stand  waiting  for  em- 
ployment. 

§  40.  The  owner  or  driver  of  any  hackney  coach  or  car-  ibid, 
riage,  which  shall  stand  waiting  for  employment  at  any 
other  time  or  place  than  herein  are  designated  or  may  be 
designated  as  aforesaid,  shall  forfeit  and  pay  for  every 
such  offense,  the  sum  of  ten  dollars,  to  be  recovered  from 
the  owner  or  driver  thereof,  severally  and  respectively. 

§  41.  The  Mayor  of  the  city  of  New  York,  by  and  with 
the  consent  of  the  Aldermen  and  Councilmen  of  the  several 


398  OF  HACKNEY  COACHES  AND  CABS. 

districts,  shall  have  full  power  and  authority  to  make  such 
rules  and  regulations,  and  give  such  orders  respecting  the 
standing  of  hackney  coaches  and  carriages  at  and  near  the 
theatres  and  other  places  of  amusement,,  at  night,  and  at 
and  near  steamboats  and  other  vessels  at  all  times,  and  at 
and  upon  the  stands  designated  and  specified  for  such 
coaches,  as  may  be  necessary  to  preserve  order  and  de- 
corum. 

uibaeSlreg"  §  42.  Every  owner  or  driver  of  any  such  hackney  coach 
or  carriage,  who  shall  neglect  to  obey  any  of  the  said  rules, 
regulations  or  orders,  shall  forfeit  and  pay  for  every  such 
offense,  the  sum  of  five  dollars,  to  be  recovered  from  the 
owner  or  driver  of  any  such  coach  or  carriage,  severally 
and  respectively. 

pioymentTn  §  43.  No  owner  or  driver  of  any  hackney  coach,  car- 
riage, cab  or  stage  coach,  shall  drive,  or  lead  his  hackney 
coach,  carriage,  cab  or  stage  coach,  up  or  down  any  street, 
avenue,  dock,  wharf  or  pier,  on  the  Lord's  Day,  commonly 
called  Sunday,  for  the  purpose  of  looking  for  employment, 
under  the  penalty  of  ten  dollars,  for  each  and  every  of- 
fense, to  be  sued  for  and  recovered  from  the  owner  or  dri- 
ver of  such  coach,  carriage,  cab  or  stage  coach,  each  seve- 
rally and  respectively. 

Smpaid!0  §  44.  Any  penalty  recovered  under  the  provisions  of 
this  chapter,  shall  be  paid  to  the  Comptroller  of  the  city 
for  the  use  thereof. 

ARTICLE   VI. 

OP  SPECIAL  HACKNEY   COACHES   OR  CARRIAGES. 

special  n-  §  45.  The  proprietor  of  any  hackney  coach  or  carriage, 
who  does  not  intend  to  come  upon  and  use  the  public 
stands  with  such  hackney  coach  or  carriage,  shall,  at  the 
time  of  applying  for  a  license  for  the  same,  state,  in  writ- 


OF  HACKNEY  COACHES  AND  CABS.  399 

ing,  to  the  Mayor,  such  iatention;  and,  thereupon,  a  spe- 
cial license  may  be  granted,  in  the  discretion  of  the  Mayor, 
to  such  proprietor. 

§46.  For  every  such  special  license  granted  by  virtue  ^  ^GSl' 
of  the  provisions  of  this  chapter,  shall  be  paid  the  sum  of 
five  dollars. 

§47.  Every  such  license  shall  expire  on  the  first  Mon-  Term  ol  SP»- 

*•  J  cial  License. 

day  of  June  next  after  the  date  thereof,  and  may  be  re- 
newed on  application  for  such  purpose. 


§  48.  No  hackney  coach  or  carriage,  which  shall  be 
specially  licensed,  by  virtue  of  the  provisions  of  this  chapter,  UceDse- 
shall  make  use  of,  or  come  upon,  or  stand,  or  wait  for  em- 
ployment at  any  of  the  public  stands,  or  at  any  other  place 
in  the  city  of  New  York,  except  upon  the  premises  of  the 
owner  thereof,  under  a  penalty  of  ten  dollars  for  every 
such  offense,  to  be  recovered  from  the  owner  or  driver 
thereof,  severally  and  respectively. 

§  49.  The  person  or  officer  exercising  the  duties  of  the  ibid, 
office  of  Superintendent  of  Hacks,  shall,  at  -all  reasonable 
times,  have  free  access  to  such  hackney  coaches  and  car- 
riages, within  the  premises  of  their  several  proprietors,  as 
shall  be  necessary  to  the  performance  of  his  duties,  under 
a  penalty  of  ten  dollars  upon  each  and  every  person  who 
shall  obstruct,  disturb,  or  molest  the  said  person  or  officer, 
whilst  in  the  discharge  of  his  duties  as  aforesaid. 

§50.  The  several  provisions  and  penalties   of  article  other  proyis- 

ions  applica- 

one,  and  of  sections  12,  13  and  14,  in  article  two  of  this  *>Ie- 
chapter,  shall,  in  all  and  every  respect,  apply  to  hackney 
coaches  and  carriages,  which  may  be  licensed,  by  virtue  of 
the  provisions  of  this  article,  and  the  owners  and  drivers 
thereof,  severally  and  respectively. 


400  OF   HACKNEY   COACHES   AND    CABS. 

ARTICLE   VII. 

OP  THE   SUPERINTENDENCE   OP   HACKNEY  COACHES  AND 
CARRIAGES. 

§51.  It  shall  be  the  duty  of  the  person  or  officer  exer- 
cising the  duties  appertaining  to  the  office  of  Superinten- 
dent of  Hacks,  to  visit  the  public  stands,  and  all  places 
where  hackney  coaches  and  carriages  are  permitted  to 
stand;  he  shall  have  power  and  authority  to  order  away 
from  the  stands,  and  from  all  other  places,  any  hackney 
coach  or  carriage  not  provided  with  a  number,  or  with 
lamps  fixed  up,  lighted  and  numbered  as  hereinbefore  re- 
quired; or  not  furnished  with  proper  and  suitable  harness 
and  horses;  or,  if  the  same,  in  his  opinion,  shall  be  impro- 
perly obstructing  the  way  or  street;  or  if  the  horses  attach- 
ed thereto  are  unruly;  or  if  the  driver  or  person  having 
charge  of  any  such  hackney  coach  or  carriage  is  intoxica- 
ted, or  in  any  manner  misbehaves  himself. 

orders  of  su-  §  52.  If  any  person  having  charge  of  any  such  hackney 
coach  or  carriage,  shall  refuse  or  neglect  to  obey  any  such 
order  of  the  said  person  or  officer,  he  or  they  shall  forfeit 
and  pay  for  every  such  offense  the  sum  often  dollars,  to  be 
recovered  from  the  owners  or  driver  of  every  such  hackney 
coach  or  carriage,  severally  and  respectively. 

Duties  or  sn-  §53.  It  shall  be  the  duty  of  the  said  person  or  officer, 
to  see  that  all  the  laws  regulating  hackney  coaches  and 
carriages,  are,  in  every  respect,  complied  with;  and  it  is 
particularly  enjoined  upon  the  said  person  or  officer,  that 
he  report  all  offenders  thereof  to  the  Attorney  of  the  Cor- 
poration. 

Ibid>  §  54.  The  said  person  or  officer,  under  the  direction  of 

the  Mayor,  shall  determine  the  number  of  coaches  or  car- 
riages for  any  particular  stand;  and  he  shall  also  designate 
the  coaches  or  carriages  which  shall  wait  for  employment 


OP  HACKNEY  COACHES  AXD  CABS.  401 

at  any  particular  stand;  and  also,  the  proper  boundaries 
and  limits  of  every  stand. 

ARTICLE  VIII. 

OF  CABS. 

§  55.  The  several  ordinances  heretofore  passed  regula-  cabs. 
ting  cabs  as  distinct  and  separate  from  hackney  coaches, 
shall  be,  and  the  same  are,  by  effect  hereof,  at  that  time 
repealed.  And  all  cabs  shall  hereafter  be  regulated,  num- 
bered, licensed,  and,  in  all  respects,  governed  by  the  chap- 
ter relative  to  hackney  coaches,  provided,  however,  that 
the  fee  for  license  of  a  cab  drawn  by  one  horse  only  shall 
be  no  more  than  three  dollars. 


402  OP   CITY   RAILROAD    CARS. 


CHAPTER  XLI. 

OF  THE  LICENSING  OF  CITY  RAILROAD  PASSENGER  CARS. 

License  Fee.  §  1.  Each  and  every  passenger  railroad  car  running  in 
the  city  of  New  York  below  One  hundred  and  twenty-fifth 
street,  shall  pay  into  the  city  treasury  the  sum  of  fifty  dol- 
lars annually  for  a  license,  a  certificate  of  such  payment  to 
be  procured  from  the  Mayor,  except  the  small  one  horse 
passenger  cars,  which  shall  each  pay  the  sum  of  twenty- 
five  dollars  annually  for  said  license  as  aforesaid. 

§  2.  Each  certificate  of  payment  of  license  shall  be  affix- 
ed to  some  conspicuous  place  in  the  car  that  it  may  be 
inspected  by  the  proper  officers. 

§  3.  For  every  passenger  car  run  upon  any  of  the  city 
railroads  below  One  hundred  and  twenty-fifth  street,  with- 
out the  proper  certificate  of  license,  the  proprietor  or  pro- 
prietors thereof  shall  be  subject  to  a  penalty  of  fifty  dol- 
lars, to  be  recovered  by  the  Corporation  Attorney,  as  in 
the  case  of  other  penalties,  and  for  the  benefit  of  the  city 
treasury. 


OP   PAWNBROKERS.  403 


CHAPTER    XLII. 

OF  PAWNBROKERS,  DEALERS  IN  SECOND-HAND  ARTICLES  AND- 
KEEPERS  OF  JUNK  SHOPS. 

ARTICLE  I. — OF  PAWNBROKERS. 

II. — OF  DEALERS  IN  SECOND-HAND  ARTICLES. 
III. — OF  KEEPERS  OF  JUNK  SHOPS. 
IV. — OF  GENERAL  PROVISIONS. 

ARTICLE  I. 

OF  PAWNBROKERS. 

§  1.  The  Mayor  may.  from  time  to  time,  arrant  licenses 

Pawnbrokers 

under  his  hand  and  seal,  to  such  persons  as  shall  produce 
to  him  satisfactory  evidence  of  their  good  character,  to 
exercise  or  carry  on  the  business  of  a  pawnbroker. 

§  2.  Every  person  receiving  such  license,  shall  pay  there-  License  Fee. 
for  the  sum  of  fifty  dollars,  for  the  use  of  the  city. 

§  3.  Every  person  so  licensed,  shall,  at  the  time  of  re-  sureties. 
ceiving  such  license,  enter,  with  two  sufficient  sureties,  into 
ajoint  and  several  recognizance  to  the  Mayor,  Aldermen 
and  Commonalty  of  the  city  of  New  York,  in  the  penalty 
of  five  hundred  dollars,  conditioned  for  the  due  observance 
of  all  such  ordinances  of  the  Common  Council,  as  may  be 
passed  or  in  force  respecting  pawnbrokers,  at  any  time 
during  the  continuance  of  such  license. 

§  4.  Every  pawnbroker  shall  keep  a  book,  in  which  shall  Record  of 

things  pawn  • 

be  fairly  written,  at  the  time  of  each  loan,  an  accurate  cd- 
account  and  description  of  the   goods,  article  or  thing 
pawned,  the  amount  of  money  loaned  thereon,  the  time  of 
pledging  the  same,  the  rate  of  interest  to  be  paid  on  such 


404  OP  PAWXBEOKEKS. 

loan,  and  the  name  and  residence  of  the  person  pawning 
or  pledging  the  said  goods,  article  or  thing. 

§  5.  Every  pawnbroker  shall,  at  the  time  of  each  loafi, 
deliver  to  the  person  pawning  or  pledging  any  goods,  ar- 
ticle or  thing,  a  memorandum  or  note,  signed  by  him  or 
her,  containing  the  substance  of  the  entry  required  to  be 
made  in  his  or  her  book,  by  the  last  preceding  section;  and 
no  charge  shall  be  made  or  received  by  any  pawnbroker, 
for  any  such  entry,  memorandum  or  note. 

&^wnaerd  §-^-  The  sa^  kook  shall,  at  all  reasonable  times,  be 
opened  to  the  inspection  of  the  Mayor,  Recorder,  Alder- 
men, Councilmen,  and  special  justices  for  preserving  the 
peace  of  the  city  of  New  York,  or  any  or  either  of  them; 
or  of  any  person  who  shall  be  duly  authorized  in  writing, 
for  that  purpose,  by  any  or  either  of  them,  and  who  shall 
exhibit  such  written  authority  to  such  pawnbroker. 

Penalty.  g  7.  Every  pawnbroker  who  shall  violate  or  neglect,  or 

refuse  to  comply  with  any  or  either  of  the  provisions  of  the 
4th,  5th  or  6th  sections  of  this  chapter,  shall,  for  every 
such  offense,  forfeit  and  pay  the  sum  of  twenty-five  dollars. 

Kate  ofinter-  §  g.  ^"0  pawnbroker  shall  ask,  demand,  or  receive  any 
greater  rate  of  interest  than  twenty-five  per  cent,  per 
annum,  upon  any  loan  not  exceeding  the  sum  of  twenty- 
five  dollars;  or  than  seven  per  cent,  per  annum  upon  any 
loan  exceeding  the  sum  of  twenty-five  dollars,  under  the 
penalty  of  one  hundred  dollars  for  every  such  offense. 

kepdtgi0yearb°  §  9-  ^°  pawnbroker  shall  sell  any  pawn  or  pledge,  until 
the  same  shall  have  remained  one  year  in  his  or  her  posses- 
sion; and  all  such  sales  shall  be  at  public  auction,  and  not 
otherwise;  and  shall  be  made  or  conducted  by  such  auc- 
tioneer as  shall  be  approved  of  for  that-  purpose,  by  the 
Mayor  of  the  city  of  New  York. 


OF   DEALERS  IN  SECOND   HAND   ARTICLES.  405 

610.  Notice  of  every  such  sale  shall  be  published  for  at  ?aie  of  things 

J  pledged. 

least  twelve  days  previous  thereto,  in  one  or  more  of  the 
daily  newspapers  printed  in  the  city  of  New  York;  and 
such  notice  shall  specify  the  time  and  place  at  which  such 
sale  is  to  take  place,  the  name  of  the  auctioneer  by  whom 
the  same  is  to  be  conducted,  and  a  description  of  the  goods 
or  articles  to  be  sold. 

§11.  The  surplus  money,  if  any,  arising  from  any  such  Ibi(L 
sale,  after  deducting  the  amount  of  the  loan,  the  interest 
then  due  on  the  same,  and  the  expenses  of  the  advertise- 
ment and  sale,  shall  be  paid  over  by  the  pawnbroker  to 
the  person  who  would  be  entitled  to  redeem  the  pledge  in 
case  no  such  sale  had  taken  place. 

§  12.  No  pawnbroker  shall  make  any  loan  on  the  sepa-  g^Ds 
rate  or  divided  part  or  parts  of  any  one  article  or  thing, 
and  which  article  or  thing  shall  have  been  offered  entire 
or  collectively,  to  him  or  her,  by  way  of  pawn  or  pledge. 

§  13.  No  pawnbroker,  shall,  under  any  pretense  what- Pawnbrokers 

not   to    pur- 

ever,  purchase  or  buy  any  second  hand  furniture,  metals  chase- 
or  clothes,  or  any  other  article  or  thing  whatever,  offered 
to  him  or  her  as  a  pawn  or  pledge. 

§  14.  Every  pawnbroker  who  shall  violate  or  neglect,  Penan/. 
or  refuse  to  comply  with  any  or  either  of  the  provisions  of 
the  8th,  9th,  10th,  llth,  12th  and  13th  sections  of  this 
chapter,  shall,  for  every  such  offense,  forfeit  and  pay  the 
sum  of  one  hundred  dollars. 

ARTICLE  JI. 

OF  DEALERS  IN  SECOND  HAND  ARTICLES. 

§  15.  The  Mayor  may,  from  time  to  time,  grant  licenses  Licenses  to 

inn  second  hand 

under  his  hand  and  seal,  to  such  persons  as  shall  produce  dealers. 
to  him  satisfactory  evidence  of  good  character  to  exercise 


406  OP   DEALERS   IN   SECOND    HAND   ARTICLES. 

^r  carry  on  the  business  of  dealing  in  the  purchase  and 
sale  of  second  hand  furniture,  metal,  clothes,  or  other  arti- 
cles in  the  said  city. 

§  16.  Every  person  receiving  such  license,  shall  pay 
therefor  the  sum  of  twenty-five  dollars,  for  the  use  of  the 
city. 

§  17.  Every  'person  so  licensed  shall,  at  the  time  of  re- 
ceiving such  license,  enter,  with  two  sufficient  sureties,  into 
a  joint  and  several  recognizance,  to  the  Mayor,  Aldermen 
and  Commonalty  of  the  city  of  New  York,  in  the  penalty 
of  five  hundred  dollars,  conditioned  for  the  due  observance 
of  all  such  ordinances  of  the  Common  Council  as  may  be 
in  force  or  passed,  respecting  dealers  in  second-hand  arti- 
cles, at  any  time  during  the  continuance  of  such  license. 


§  18-  Ever3r   such  dealer  sha11  keeP  a  book>   in 
shall  be  fairly  written,  at  the  time  of  the  purchase  of  any 

article  or  thing,  in  the  way  of  his  or  her  business,  an  accu- 
rate account  and  description  of  the  article  or  thing  so 
purchased,  the  price  paid  therefor,  the  precise  time  of 
making  such  purchase,  and  the  name  and  residence  of  the 
person  from  whom  such  purchase  was  made. 

Ibld-  §  19.  The  said  book  shall,  at  all  reasonable  times,  be 

open  to  the  inspection  of  the  Mayor,  Recorder,  Aldermen, 
Councilmen,  Police  Justices  and  Superintendent  of  Police, 
of  the  city  of  New  York,  or  any  or  either  of  them,  or  of 
any  person  who  shall  be  duly  authorized,  in  writing,  for 
that  purpose,  by  any  or  either  of  them,  and  who  shall  ex- 
hibit such  written  authority  to  such  dealer. 

ponaiiy.  §  20.  Every  such  dealer  who  shall  violate  or  neglect,  or 

refuse  to  comply  with,  any  or  either  of  the  provisions  of 
the  18th  and  19th  sections  of  this  chapter,  shall,  for  every 
such  offense,  forfeit  and  pay  the  sum  of  twenty-five  dollars. 


OP  KEEPERS  OF  JUNK  SHOPS.  407 

§21.  No   article   or   thing,   except   wooden    furniture,  Things  not  to 

be  sold  with- 

which  shall  have  been  purchased  by  any  such  dealer  in  the  ma  month, 
way  of  his  or  her  business,  shall  be  sold  or  disposed  of  by 
such  dealer  until  the  expiration  of  one  month  after  such 
purchase. 

§  22.  No  such  dealer  shall  receive  any  article  by  way  Pledges  and 
-of  pledge  or  pawn,  or  shall  purchase  or  buy,  at  private 
sale,  of  any  one  person,  in  one  day,  any  article  or  articles 
exceeding  in  value  the  sum  of  fifty  dollars. 

§  23.  Every  such  dealer  who  shall  violate  or  neglect,  or  Penalty. 
refuse  to  comply  with  any  or  either  of  the  provisions  of 
the  21st  and  22d  sections  of  this  chapter,  shall,  for  every 
such  offense,  forfeit  and  pay  the  sum  of  one  hundred  dol- 
lars. 

ARTICLE  III. 

OF  KEEPERS  OF  JUNK  SHOPS. 

§  24.  The  Mayor  may,  from  time  to  time,  grant  licenses  Licenses. 
to  such  persons  as  shall  procure  the  recommendation  for 
that  purpose,  of  the  Police  Justices,  or  General  Superin- 
tendent of  Police  of  the  city  of  New  York,  to  keep  what 
.are  commonly  called  junk  shops,  for  the  purchase  and  sale 
of  junk,  old  rope,  old  iron,  brass,  copper,  tin  and  lead, 
rags,  slush  and  empty  bottles. 

§25.  Every  person  receiving   such  license,   shall  pay  L:cense  ree. 
therefor  the  sum  of  twenty  dollars,  for  the  use  of  the  poor 
of  the  city. 

§  2C>.  Every  person  so  licensed,  shall,  at  the  time  of  re-  surety. 
ceiving  such  license,  enter  with  one  sufficient  surety,  into  a 
joint  and  several  recognizance  to  the  Mayor,  Aldermen 
and  Commonalty  of  the  city  of  New  York,  in  the  penal 
sum  of  two  hundred  and  fifty  dollars,  conditioned  for  the 
due  observance  of  such  ordinances  of  the  Common  Coun- 


408 


PAWNBROKERS,  SECOND  HAND  DEALERS,  AND  JUNK  SHOPS. 


Purchasers 
and] 


Record  of 
purchases. 


Ibid. 


Penalty. 


Place  of  Bu- 


oil,  as  may  be  passed  or  in  force,  respecting  the  keeping 
of  junk  shops,  at  any  time  during  the  continuance  of  such 
license. 

§  27.  No  keeper  of  a  junk  shop  shall  buy  or  sell  any 
coin  of  any  description,  or  any  article  of  gold  or  silver, 
or  any  wearing  apparel ;  or  any  article  of  household  furni- 
ture, or  any  implement,  tool  or  utensil,  in  a  sound,  unbro- 
ken or  undamaged  condition  ;  nor  shall  such  keeper  re- 
ceive, in  the  line  of  his  business,  any  article  or  thing  by 
way  of  pledge  or  pawn  ;  nor  shall  he  or  she  loan  or  ad- 
vance any  sum  of  money  on  the  security  of  any  such  arti- 
cle or  thing. 

§  28.  Every  keeper  of  a  junk  shop  shall  provide  and 
keep  a  book,  in  which  shall  be  fairly  written,  at  the  time 
of  every  purchase,  a  description  of  the  article  so  purchased, 
the  name  and  residence  of  the  person  from  whom  such 
purchase  was  made,  and  the  day  and  hour  of  such  purchase. 

§  29.  Every  such  book  shall,  at  all  times,  be  open  to  the 
inspection  of  the  Mayor,  Aldermen,  Councilmen  and  Police 
Justices,  and  Superintendent  of  Police  of  the  city  of  New 
York,  and  each  of  them,  or  to  any  person  who  may  be  au- 
thorized for  the  purpose,  in  writing,  by  either  of  them,  such 
person  exhibiting  to  the  said  keeper  his  authority  as  afore- 
said. 

§  30.  Every  such  keeper  of  a  junk  shop,  who  shall  vio- 
late or  neglect,  or  refuse  to  comply  with  the  foregoing 
provisions,  or  either  of  them,  shall,  for  every  such  offense, 
forfeit  and  pay  the  sum  of  fifty  dollars. 

ARTICLE   IV. 

OF  GENERAL  PROVISIONS. 

§  31.  Every  license  to  be  granted  to  any  dealer  in 
second-hand  articles,  or  keeper  of  a  junk  shop,  shall  desig- 


PAWNBROKERS,  SECOND  HAND  DEALERS,  AND  JUNK  SHOPS.  409 

nate  tlie  house  or  place  in  which  the  person  receiving  such 
license  shall  be  authorized  to  carry  on  such  business. 

§  32.  Every    such  license  shall  continue  in  force  until  £"cre^°n  °r 
the  second  Monday  in  May,  next  following  the  granting 
thereof,   unless   sooner  revoked   by  the   Mayor,   and  no 
longer. 

§  33.  On  the  renewal  of  every  such  license,  the  person  Renewal 

1  License.  " 

receiving  the  same  shall  pay  the  same  sum  therefor,  as  is 
required  to  be  paid  on  granting  such  license  in  the  first 
instance. 

§  34.  No  person  shall  use,  exercise  or  carry  on  the  trade  License, 
or  business  of  a  dealer  in  second-hand  articles,  or  of  a 
keeper  of  a  junk  shop,  without  being  specially  licensed  for 
such  purpose  as  aforesaid,  or  shall  carry  on  any  such  busi- 
ness at  any  other  house  or  place  than  the  one  designated 
in  such  license,  or  shall  continue  to  carry  on  such  business 
after  such  license  may  have  been  revoked,  under  the  penalty 
of  fifty  dollars  for  every  such  offense. 

§  35.  No  dealer  in  second-hand  articles,  or  keeper  of  a  £0™^?^ 
junk  shop,  shall  purchase  any  goods,  article  or  thing  what- andothers- 
soever,  from  any  minor,  apprentice  or  servant,  knowing, 
or  having  reason  to  believe  him  or  her  to  be  such,  under 
the  penalty  of  twenty-five  dollars  for  every  such  offense. 

§  36.  No  dealer  in  second-hand  articles,  or  keeper  of  a  Purchases  al- 
ter sun-down 

junk  shop,  shall  receive  or  purchase,  in  the  way  of  his  or 
her  business,  any  goods,  articles  or  thing  whatsoever,  from 
any  person  or  persons  whomsoever,  between  the  setting  of 
the  sun  and  the  hour  of  seven  o'clock  in  the  morning,  under 
the  penalty  of  twenty-five  dollars  for  every  such  offense. 

§  37.  No   dealer   in  second-hand   articles   shall  deface,  Defacing 
mutilate,  take  apart,  or,  in  any  way,  alter,  or  permit  to  be 
defaced,  mutilated,  taken  apart,  or  in  any  way  altered, 
any  article  or  thing  which  shall  come  into  his  or  her  pos- 

27 


410  PAWNBROKERS,  SECOND  HAND  DEALERS,  AND  JUNK  SHOPS. 

session,  in  the  way  of  his  or  her  business,  but  the  same 
shall  be  sold,  or  offered  for  sale  in  the  same  form,  state 
and  condition  in  which  it  was  when  first  received  by  him 
or  her,  under  the  penalty  of  one  hundred  dollars  for  every 
such  offense. 

Goods  adver-  g  3g>  If  any  goo^  article  or  thing  shall  be  advertised 
in  any  daily  newspaper  printed  in  the  city  of  New  York, 
as  having  been  lost  or  stolen,  and  if  the  said  goods,  article 
or  thing,  or  any  such  answering  to  the  description  of  the 
goods,  article  or  thing  so  advertised,  or  any  part  or  por- 
tion thereof,  shall  then  be,  or  thereafter  come  into  the 
possession  of  any  dealer  in  second-hand  articles  or  keeper 
of  a  junk  shop,  he  or  she  shall,  forthwith,  give  informa- 
tion thereof  in  writing,  at  the  office  of  the  General  Super- 
intendent of  Police,  and  shall  also  state  from  whom  the 
same  were  received  under  the  penalty  of  two  hundred  and 
fifty  dollars  for  every  neglect  or  offense. 

Lo^t  or  stolen  §  39.  Every  dealer  in  second-hand  articles,  or  keeper  of 
a  junk  shop,  who  shall  receive  or  be  in  possession  of  any 
goods,  articles  or  things,  which  may  have  been  lost  or 
stolen,  or  alleged  or  supposed  to  have  been  lost  or  stolen, 
shall,  forthwith,  on  a  demand  to  view  the  same,  present  the 
same  to  the  Mayor  or  Recorder,  or  any  Alderman  or  Coun- 
cilman, or  Police  Justice,  Superintendent  of  Police,  or  any 
policeman,  who  may  be  authorized  by  either  of  the  above- 
mentioned  officers  or  magistrates,  to  make  such  demand, 
under  the  penalty  of  two  hundred  and  fifty  dollars,  for 
every  neglect  or  refusal  so  to  do. 


to      &  40.  No  dealer  in  second-hand  articles  shall,  during  his 

Spjcul   busi 

license  as  such,  receive  or  hold  a  license  to  carry  on  the 
business  of  a  pawnbroker  or  keeper  of  a  junk  shop;  and, 
no  keeper  of  a  junk  shop,  shall,  during  his  license  as  such, 
receive  or  hold  a  license  to  carry  on  the  business  of  a 
pawnbroker,  or  of  a  dealer  in  second-hand  articles. 


PAWNBROKERS,  SECOND  HAND  DEALERS,  AND  JUNK  SHOPS.  411 


§41.  Every  license  granted,  or  to  be  granted,  to  any 
dealer  in  second-hand  articles,  or  keeper  of  a  junk  shop, 
may  be  revoked  by  the  Mayor,  on  satisfactory  cause  ap- 
pearing to  him  for  so  doing. 

§  42.  No  person  shall  keep  what  is  commonly  called  a  Licenae- 
junk  shop,  for  the  purchase  and  sale  of  junk,  rags,  or  old 
rope,  old  iron,  brass,  copper,  tin,  empty  bottles,  slush  or 
lead;  and  no  person  shall  draw  or  drive,  or  procure  to  be 
drawn  or  driven  through  the  streets  of  this  city,  any  hand- 
cart, wheel-barrow,  or  other  carts  or  vehicles;  and  no  per- 
son shall  propel,  or  procure  to  be  propelled  through  the 
waters  of  the  city  and  county  of  New  York,  any  boat,  or 
other  kind  of  vessel,  for  the  purpose  of  collecting  junk, 
rags,  old  rope,  old  iron,  brass,  copper,  tin,  empty  bottles 
islush  or  lead,  or  deal  in  buying  or  selling  either  of  such 
articles,  without  being  first  licensed  by  the  Mayor  for  such 
purposes. 

§  43.  Every  licensed  keeper  of  a  junk  shop,  for  the  pur- 
chase  and  sale  of  rags,  old  rope,  old  iron,  brass,  copper, 
empty  bottles,  tin,  slush  or  lead,  shall  be  entitled  to  keep 
one  or  more  carts,  wagons,  or  other  vehicles  ;  one  or  more 
boats  or  other  vessels,  for  the  purpose  of  collecting  old 
junk,  rags,  old  rope,  old  iron,  brass,  copper,  empty  bottles, 
tin,  slush  or  lead,  in  the  city  of  New  York,  provided  he 
or  she  shall,  before  using  such  carts,  wagons,  boats  or  other 
vessels,  or  causing  the  same  to  be  used,  cause  to  be  painted 
on  the  outer  side  of  such  hand-  carts,  wheel-barrows,  or 
other  carts  or  vehicles,  boats  or  vessels,  his  name,  at  length, 
the  street  and  number  of  his  place  of  business  —  the  number 
of  his  license  in  plain  letters  and  figures,  put  on  with  paint, 
of  not  less  than  two  and  a  half  inches  in  length;  and  no 
person  or  persons  except  such  as  are  regularly  licensed  for 
the  purpose  aforesaid,  according  to  the  provisions  of  this 
chapter,  or  persona  in  the  employ  of  such  licensed  dealer, 


412  PAWNBROKERS,  SECOND  HAND  DEALERS,  AND  JUNK  SHOPS. 

shall  draw  or  drive,  or  procure  to  be  drawn  or  driven,  or 
propelled,    any    such     hand-carts,    wheel-barrows,    carts, 
wagons,  or  other  vehicles,  boats,  or  other  vessels. 
License  for        §  44.  A  separate  license  shall  be  obtained,  by  the  owner 

Vehicles  and 

thereof,  for  each  and  every  cart,  wagon,  or  other  vehicle, 
boat,  or  other  vessel. 

11)1(1  §  45.  Every  owner  of  a  cart,  wagon,  or  other  vehicle, 

boat  or  other  vessel,  on  receiving  his  or  her  license,  shall 
pay  for  each  and  every  cart,  wagon,  or  other  vehicle,  boat 
or  other  vessel,  to  the  Mayor  of  the  city  of  New  York,  for 
the  use  of  said  city,  the  sura  of  ten  dollars. 

ES?o?bu«i  §  ^6.  In  case  any  person  so  licensed  as  aforesaid,  shall 
remove  his  or  her  store,  or  place  of  business,  from  the  place 
designated  in  said  license,  he  or  she  shall  immediately 
thereupon  give  notice  thereof  to  the  Mayor,  and  have  the 
same  indorsed  upon  such  license,  and  the  number  of  his  or 
her  place  of  business  shall  thereupon  be  changed  on  the 
sides  of  the  vehicle  or  vessel  used  by  such  licensed  dealer, 
and  made  to  correspond  with  such  change  of  store  or  place 
of  business. 

inspector.  §  47.  The  Superintendent  of  Police,  aided  and  assisted 
by  such  policemen  as  he  may  deem  necessary,  shall  be  the 
inspector  of  pawnbrokers,  dealers  in  second-hand  articles, 
junk  shops  and  intelligence  offices. 

penalties.  §48.  Whoever  shall  violate  any  of  the  provisions  of  the 
2d,  3d  and  4th  articles  of  this  chapter,  shall  be  subject  to  the 
penalties  prescribed  in  and  by  said  article,  or,  in  lieu 
thereof,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall 
be  punished,  on  conviction,  pursuant  to  the  provisions  of 
sections  twenty  and  twenty-one  of  an  act  relative  to  the 
powers  of  the  Common  Council  of  the  city  of  New  York, 
and  the  police  and  criminal  courts  of  said  city,  passed  by 
the  Legislature  of  the  State  of  New  York,  January  23d. 


OP    INTELLIGENCE   OFFICES. 


413 


CHAPTER  XLIII. 

OF    INTELLIGENCE    OFFICES. 

§  1.  The  Mayor  of  the  city  of  New  York,  for  the  time 
being,  shall,  from  time  to  time,  issue  licenses,  under  his 
liand  and  seal,  to  so  many  and  such  persons  as  he  shall 
think  proper,  to  keep  intelligence  offices  in  the  said  city, 
and  shall  have  power  to  revoke  all  or  any  of  the  said 
licenses  at  pleasure. 

§  2.  Each  license  shall  designate  the  house  in  which  the  Ibid- 
person  licensed  shall  keep  his  office,  and  the  number  of 
such  license,  and  shall  continue  and  be  in  force  until  the 
first  Tuesday  of  May  next  ensuing  the  date  thereof,  and  no 
longer,  unless  sooner  revoked  by  the  Mayor. 

§3.  Every  person  who  may  be  licensed  under  and  by  LIcense  Fee- 
virtue  of  the  provisions  of  this  chapter,  shall  pay  to  the 
Mayor,  for  the  use  of  the  city,  the  sum  of  twenty-five  dol- 
lars, and  for  the  renewal  of  any  such  license,  the  sum  of 
twelve  dollars  and  fifty  cents. 

§4.  No  person  shall  keep  any  intelligence  office  in  the  None  to  keep 
city  of  New  York,  without  having  such  license .  as  afore- cense- 
said,  or  after  the  same  shall  have  been  revoked,  or  shall 
have  expired,  or  at  any  other  house  or  place  than  is  desig- 
nated in  such  license,  under  the  penalty  of  fifty  dollars  for 
every  such  offense. 


414  CONCERNING  DOGS. 


CHAPTER  XLIV. 

OP  PROVISIONS   CONCERNING  DOGS. 

S2gaTSrge  §  !•  No  dog  shall  hereafter  be  permitted  to  go  abroad 
in  any  of  the  streets,  squares,  lanes,  alleys  or  public  places 
of  this  city,  without  being  properly  muzzled,  or  being  led 
by  a  chain  or  string,  under  the  penalty  of  ten  dollars  for 
each  offense,  to  be  recovered  against  the  owner,  possessor 
or  person  who  harbored  such  dog,  within  three  days  pre- 
vious to  the  time  of  such  dog  being  found  so  going  abroad. 
And  it  shall  be  lawful  for  any  person  whosoever,  to  seize 
and  kill  any  dog  so  running  at  large  without  being  muz- 
zled or  led  by  a  chain  or  string. 

Killing  dogs.  g  2.  The  Mayor  may,  from  time  to  time,  and  for  such 
time  as  he  shall  think  proper,  appoint  one  or  more  suita- 
ble persons  to  kill  and  destroy  all  dogs  found  running 
loose  or  at  large  in  the  streets,  roads,  squares  and  public 
places  of  said  city,  unless  they  are  properly  muzzled. 

kfiiers  d°s  §  3.  The  persons  so  appointed  shall  receive  the  sum  of 
two  dollars  per  day,  for  each  day  they  shall  be  so  employ- 
ed, and  shall  make  weekly  returns  to ,  the  Mayor,  of  the 
number  of  dogs  they  may  severally  kill. 

55f  ufbemo      §  4.  No  person  shall  hinder  or  molest  any  person  or  per- 
lested.         gong  W^Q  may  j^  engaged  in  seizing  and  killing  any  dog> 

or  in  removing  the  carcass  thereof,  under  the  penalty  of 

one  hundred  dollars  lor  each  offense. 

Killing  Dogs,  g  5>  The  Mavor  js  hereby  authorized,  from  time  to  time, 
and  for  such  time  as  he  may  think  proper,  and  under  such 
regulations  as  he  may  prescribe,  to  pay,  or  cause  to  be  paid 


CONCERNING  DOGS.  415 

to  persons  who  shall  not  be  regularly  appointed  to  kill  or 
destroy  dogs,  a  sum  not  exceeding  fifty  cents  for  each  dog 
found  running  loose  or  at  large  in  the  city,  below  Forty- 
second  street,  without  being  properly  muzzled,  and  which 
may  be  killed  or  destroyed  by  them. 

§  6.  No  part  of  this  law  shall  apply  to  so  much  of  the 
city  as  lies  north  of  Forty-second  street,  to  prevent  dogs 
running  at  large  between  sunset  and  sunrise. 


416  OP  NUISANCES  AND  NOXIOUS  THINGS  AND  PRACTICES. 


CHAPTER  XLV. 

OF  NUISANCES    AND   NOXIOUS    THINGS  AND   PRACTICES. 

Made  ground  g  j  N0  made  ground,  or  ground  formerly  covered  with 
salt  or  stagnant  water,  within  the  city  of  New  York,  shall 
be  turned  up,  or  the  surface  thereof  removed,  at  any  time 
between  the  first  day  of  June  and  the  first  day  of  October, 
in  any  year,  unless  by  special  permission  of  the  Common 
Council,  under  the  penalty  of  one  hundred  dollars  for  each 
offense. 

Nuisances  on  §  2.  No  person  shall  have,  make,  use,  or  keep,  in  his  or 
her  premises,  at  any  place  in  the  city  of  New  York,  any 
noisome,  offensive  or  unwholesome  substance,  or  any  vat, 
pit  or  pool  of  standing  water,  whether  for  tanners,  skin- 
ners, dyers  or  other  use,  under  the  penalty  of  fifty  dollars 
for  each  offense. 

Hides,  biub-      §  3.  No  tanner,  skinner  or  other  person  shall  bring  to, 

bor.  &c  • 

or  keep  for  the  period  of  twenty-four  hours,  in  any  part 
of  the  city  of  New  York,  south  of  Fourteenth  street,  any 
undressed  or  uncurried  hides,  skins  or  leather,  or  any 
blubber  or  other  materials  whatever,  for  dressing  the 
same,  which  may  cause  any  noisome,  offensive  or  unwhole- 
some smell,  under  the  penalty  of  fifty  dollars  for  each 
offense. 


Beekman's  g  ^  ^ie  preceding  sections,  two  and  three,  of  this  chap- 
ter, shall  not  be  construed  to  affect  any  vat  or  vats,  pit  or 
pits,  in  the  place  commonly  called  Beekman's  Swamp,  in 
the  city  of  New  York,  which  were  made  and  erected  on  or 
before  the  29th  day  of  March,  in  the  year  of  our  Lord  one 
thousand  eio;ht  hundred  and  six, 


OF  NUISANCES  AND  NOXIOUS  THINGS  AND  PRACTICES.  417 

§  5.  Every  butcher  or  other  person  occupying  any  gj^ter 
slaughter-house  or  building,  or  who  shall  or  may  kill  or 
slaughter  in  any  slaughter-house  or  building  in  the  city  of 
New  York,  any  animal,  shall,  on  every  day  when  any  ani- 
mal may  be  so  slaughtered  or  killed  therein,  cause  the 
slaughter  house  and  yard  thereof,  to  be  washed  out  and 
thoroughly  cleansed,  under  the  penalty  of  ten  dollars  for 
each  neglect  or  refusal  to  comply  with  this  section. 

§  6.  Every  butcher  or  other  person  within  this  city,  im-  IW<L 
mediately  after  killing  or  slaughtering  any  animal,  shall 
convey,  or  cause  to  be  conveyed,  in  tight  covered  boxes  or 
barrels,  the  blood,  offal,  garbage  and  other  offensive  or  use- 
less parts  of  said  animal  or  animals  so  killed  or  slaugh- 
tered, to  such  place  as  the  Common  Council,  or  the  City 
Inspector  shall,  or  may,  from  time  to  time  direct,  under  a 
penalty  of  ten  dollars  for  each  and  every  neglect  or  refu- 
sal to  comply  with  this  section. 

§  7.  It  shall  be  the  duty  of  the  City  Inspector  to  see  n>w 
that  the  two  preceding  sections  are  enforced. 

§8.  No  person  shall   leave  exposed,  or  cast  into  any  Doad  horses- 
street,  yard,  lot,  lane  or  other   place  within  the  city   of 
New  York,  the  carcass  of  any  horse,  under  the  penalty  of 
twenty-five  dollars  for  each  offense. 

§  9.  No  person  shall  cast  or  leave,  or  keep  in  or  adjoin-  unwhole- 
some things 

ing  any  street,  lane,  alley,  avenue,  square,  public  place, 
public  road,  or  in  any  yard,  lot,  field  or  premises,  in  the 
city  of  New  York,  any  bones,  putrid,  unsound,  unwhole- 
some, or  refuse  meat  or  beef  of  any  animal,  whether  salted 
or  otherwise,  or  any  unsound  pork,  fish,  hides  or  skins  of 
any  kind,  or  horns  ;  or  the  whole  or  part  of  any  dead  ani- 
mals, or  any  other  unsound,  putrid  or  unwholesome  sub- 
stances; or  the  offal,  garbage  or  other  offensive  or  useless 


418  OF  NUISANCES  AND  NOXIOUS  THINGS  AND  PEACTICES. 

parts  of  any  beeves,  calves,  sheep,  hogs  or  other  cattle, 
under  the  penalty  of  fifty  dollars  for  every  such  offense. 

osui,£c?r  §  10.  There  shall  be  designated  and  set  apart,  for  the 
use  of  the  City  Inspector,  two  of  the  docks  and  slips  of  the 
city  of  New  York;  one  on  the  East  river,  and  the  other  on 
the  North  river;  said  docks  and  slips  shall  be  under  the 
sole  control  and  direction  of  the  City  Inspector,  and  shall 
be  used  by  him  as  a  place  of  landing  for  such  boats  as  may 
be  required  for  the  removal  of  the  butchers7  blood  and 
offals,  bones,  dead  animals  and  other  refuse  substances 
from  the  city. 

iSreSSring  §  !!•  ^°  sniP>  k°at>  or  otner  vessel,  shall  come  in  or  lay 
mtl>&Cl  at  or  within  any  of  said  docks  or  slips,  designated  as  afore- 
said, unless  by  written  permission  of  the  City  Inspector, 
under  the  penalty  of  twenty-five  dollars  for  each  offense, 
to  be  paid  by  the  owner,  master,  or  person  having  charge 
thereof,  severally  and  respectively. 

lwd'  §  12.  The  City  Inspector  may  give  such  order  or  direc- 

tion as  he  may  deem  proper,  directing  the  laying,  fasten- 
ing or  berth  of  any  boat  or  vessel  lying  at  or  within  said 
docks  and  slips,  and  may  direct  the  same  to  be  removed, 
from  time  to  time,  as  he  may  deem  just  and  proper,  and 
for  every  neglect  or  refusal  to  comply  with  such  order  or 
direction,  the  owner,  master,  or  person  having  charge  of 
such  boat  or  other  vessel,  shall  forfeit  and  pay  the  sum  of 
twenty-five  dollars. 

carts  for  re-      §  13.  The  contractor  or  contractors  for  removing  the 

moving   car- 
casses &c.    aforesaid  dead  animals,  bones  and  other  refuse  substances, 

shall  furnish,  from  time  to  time,  a  suitable  number  of  carts, 
to  be  licensed,  under  the  hand  and  seal  of  the  City  Inspec- 
tor, for  the  purpose  of  transporting  and  removing  said 
dead  animals,  bones  and  other  refuse  substances  in  said 


OP  NUISANCES  AND  NOXIOUS  THINGS  AND  PRACTICES.  419 

city;  and  no  person  shall  transport  or  remove  any  dead 
animals,  bones  or  refuse  substances  in  said  city,  unless 
licensed  as  aforesaid,  under  the  penalty  of  twenty-five  dol- 
lars for  each  offense,  to  be  recovered  from  the  person  or 
persons  so  removing,  or  the  owner  or  owners  of  the  vehicle 
used  for  that  purpose,  severally  and  respectively. 

§  14.  No  dead  animal  shall  be  cast  or  thrown  into  East  fns^ch/s™;, 
or  North  rivers,  or  any  water  within  the  limits  of  the  said  intlleriver- 
city,  but  shall  be  removed  by  the  person  licensed  as  afore- 
said for  that  purpose,  to  the  docks  and  slips  of  the  City 
Inspector,  under  the  penalty  of  twenty-five  dollars  for  each 
offense. 

§  15.  No  person  or  persons  shall  throw,  cast  or  lay  any  Rowing  cr- 
ashes, offal,  vegetables,   garbage,   dross,   cinders,   shells,  streets. 
straw,  shavings,  dirt,  filth,  or  rubbish  of  any  kind  what- 
ever, in  any  street,  lane,  alley,  or  public  place  in  the  city 
of  New  York. 

§  16.  The  violation  of  any  of  the  provisions  of  the  pre-  Penalty, 
ceding  section  shall  be,  and  is  hereby  declared  to  be  a 
misdemeanor,  and  shall  be  punishable  by  a  fine  of  not  less 
than  one  dollar,  or  more  than  ten  dollars,  or  by  imprison- 
ment in  the  city  prison,  for  a  term  not  less  than  one  or 
more  than  five  days. 

§  17.  It  shall  be  the  duty  of  the  Superintendent  of  Sani-  Enforcement 
tary  Inspection  and  Street  Cleaning  and  the  Health  War-  °f 
dens  and  Policemen  of  the  said  city  to  enforce  the  observ- 
ance of  this  chapter,  and  the  punishment  of  any  party  or 
parties  who  may  violate  the  same. 

§18.  It  is  hereby  declared  to  be  the  duty  of  the  pro- oyster  and 
prietor  or  possessor  of  any  foundries,  forges,  blacksmiths'  ^ 
shops,  oyster  stands,  and  other  places  for  the  sale  of  oys- 
ters or  other  shell  fish,  to  employ  carts,  at  their  own  ex- 


420  OF  NUISANCES  AND  NOXIOUS  THINGS  AND  PRACTICES. 

pense,  for  the  purpose  of  removing  the  several  articles 
enumerated  in  the  15th  section  of  this  chapter,  which  may 
accumulate  in  their  respective  premises. 

Bunding  rub-      §  19.  The  ov/nci*  or  builder  of  any  house  or  other  build- 

bish. 

ing  which  may  be  erecting  or  repairing  in  the  city  of 
New  York,  shall  cause  all  the  rubbish,  of  every  kind,  occa- 
sioned thereby,  which  may  accumulate  in  the  street,  or  be 
cast  into  the  street,  and  all  the  ground,  stone,  sand  and 
clay  which  may  be  dug  from  the  cellar  or  yard,  or  area  or 
vault,  and  cast  into  the  street,  to  be  removed  out  of  the 
said  street,  before  sunset  on  each  day,  under  the  penalty  of 
five  dollars  for  each  day's  neglect,  to  be  recovered  from 
the  owner  or  builder,  severally  and  respectively. 

§  20.  If  any  rubbish,  ground,  stone,  sand,  clay,  shav- 
ings or  other  substance,  shall  be  cast  into  the  street,  and 
shall  not  be  removed,  as  required  by  the  last  section,  it 
shall  be  lawful  for  the  Superintendent  of  Sanitary  Inspec- 
tion and  Street  Cleaning  and  the  Health  Warden  in  whose 
round  the  same  may  be,  to  cause  the  same  to  be  removed. 

Ibid-  §  21.  In  addition  to  the  penalty  imposed  by  the  19th  sec- 

tion, the  person  who  has  so  incurred  the  same  shall  also 
pay  to  the  said  Superintendent  of  Sanitary  Inspection  and 
Street  Cleaning  and  the  Health  Warden,  in  whose  round 
the  said  rubbish  or  other  substance  may  have  been,  for  re- 
moving the  same,  double  the  usual  and  ordinary  sum  for 
the  removal  thereof,  to  be  recovered  in  the  name  of  the 
Mayor,  Aldermen  and  Commonalty  of  the  city  of  New 
York,  with  costs  of  suit,  by  the  Attorney  of  the  Corpora- 
tion, in  any  court  having  cognizance  thereof. 

Ic^TnTca?'       §  22.  ^°  Person  shall  sift  or  screen  any  lime,  ashes, 
pet  shaking,  fa^  OJ.  gan(^  or  g^^Q  anv  carpet,  cloth  or  mat,  in  any 

street  in  the  city  of  New  York,  or  shall  employ  or  suffer 


OF  NUISANCES  AND  NOXIOUS  THINGS  AND  PRACTICES.  421 

or  permit  any  person  so  to  do,  under  the  penalty  of  five 
dollars  for  every  such  offense. 

§  23.  No  collector  of  ashes  or  other  person  shall  unload  Ash  Carts> 
from  any  cart,  wagon  or  other  vehicle  in  any  of  the  streets 
of  the  city  of  New  York,  any  ashes,  by  dumping  or  starting 
the  same  in  the  street  or  on  the  sidewalk,  under  the  penal- 
ty of  ten  dollars  for  each  offense. 

§  24.  No  cinders  or  coal  ashes,  of  any  description  shall  ^fashes011 
be  laid  or  cast  into  any  street,  lane  or  alley  in  this  city; 
but  shall  be  delivered  to  the  ash  carts  provided  for  the 
purpose  of  receiving  the  same,  under  the  penalty  of  three 
dollars  for  each  offense;  to  be  paid  by  the  occupant  or 
occupants  of  the  house  or  premises  from  which  the  same 
shall  be  cast,  or  the  persons  casting  the  same,  severally 
and  respectively. 

§  25.  All  ashes  or  cinders  shall  be  kept  for  the  purpose  ibid, 
of  delivering  the  same  to  the  ash  carts,  in  vessels  of  tin, 
iron  or  other  metal,  under  the  penalty  of  one  dollar  for 
each  offense. 

§  26.  No  person  shall  throw  or  deposit  anv  water  or  Throwing  out 

liquids . 

other  liquid,  in  any  part  of  any  street,  alley,  lane  or  pub- 
lic place,  except  in  the  side  gutter  thereof,  under  the 
penalty  of  two  dollars  for  every  such  offense. 

§  27.  It  shall  be  the  duty  of  every  person,  from  whose  Gutters 

J  J    J  across    Eide- 

kitchen  or  lot  any  water  may  pass  into  any  street,  across  waits, 
the  sidewalk,  to  cause  the  same  to  pass  through  a  covered 
gutter  under  such  sidewalk,  and  to  keep  such  gutter  at  all 
times  clear  of  ice  and  every  other  obstruction,  so  that  the 
water  shall  pass  freely  through  the  same,  without  over- 
flowing or  running  upon  the  surface  of  the  sidewalk,  under 
the  penalty  of  ten  dollars  for  every  day  that  such  duty 
may  be  neglected. 


422  OF  NUISANCES  AND   NOXIOUS  THINGS  AND   PEACTICES. 

SSSrn/ LI'  §  28-  No  person  shall  cast  or  throw,  or  suffer  to  run 
into  any  street,  lane  or  alley  in  the  city  of  New  York, 
from  his,  her  or  their  house,  houses  or  premises,  any  stink- 
ing, noxious,  impure,  offensive  or  noisome  water,  or  any 
substance  or  thing,  in  a  liquid  or  flowing  state,  under  the 
penalty  of  twenty-five  dollars  for  each  offense. 

water  from      §  29.  No  brewer,   distiller,  dyer,  soapmaker,  or  other 

mauufacto-  '       ' 

ries,  ac.  person,  shall  cast,  or  throw,  or  suffer  the  water  to  run  from 
his  manufactory,  shop,  house  or  establishment,  into  any 
street,  except  between  the  hours  of  eight  in  the  morning, 
and  five  o'clock  in  the  afternoon,  from  the  first  day  of  De- 
cember, until  the  first  day  of  April,  in  any  year,  under  the 
penalty  of  twenty-five  dollars  for  each  offense. 

§  30.  The  last  preceding  section  shall  not  be  construed 
to  prevent  the  casting  of  water  from  any  steam  engine,  at 
any  time  during  the  year,  in  the  city  of  New  York. 

n»i<L  §  31.  Whenever  any  water  shall  be  cast  or  thrown,  as 

provided  in  the  twenty-ninth  section  of  this  chapter,  the 
person  or  persons  so  casting,  or  suffering  the  same  to  run 
from  their  premises,  shall  clear  a  passage  for  the  same 
along  the  gutter,  to  the  river  or  public  sewer,  so  that  the 
same  shall  not  overflow  the  curb-stone  or  sidewalk,  under 
the  penalty  of  twenty-five  dollars  for  each  neglect. 

vegetable         §  32-  No  person  shall  convey  or  deposit,  or  cause  or 
ces'    permit  to  be  conveyed  or  deposited,  into  any  street,  sewer 
or  drain  in  the  city  of  New  York,  any  swill  or  other  vege- 
table fluid,  liquid  or  substance,  under  the  penalty  of  fifty 
dollars  for  each  offense. 

shellfish.  §33.  No  person  shall  erect  any  booth,  or  establish  or 
fix  any  stand  in  any  of  the  streets  or  public  grounds  in  the 
city  of  New  York,  for  the  purpose  of  opening  and  exposing 
for  sale,  or  selling  any  oysters  or  other  shell  fish,  under 
the  penalty  of  five  dollars  for  each  offense. 


OF   NUISANCES   AXD   NOXIOUS   THINGS   AND    PRACTICES.  423 


§  34.  No  person  shall  erect  any  booth,  or  establish  any  J 
stand  in  the  streets  or  public  grounds  in  the  city  of  New  streeta- 
York,  for  the  purpose  of  exposing  for  sale,  or  selling  any 
kind  of  provisions,  or  any  goods  of  any  description  what- 
ever, under  the  penalty  of  five  dollars  for  each  offense. 

§  35.  No  cart,  wagon  or  other  vehicle,  in  or  upon  which  swmcarta. 
there  shall  be  any  box,  hogshead,  barrel,  cask  or  other 
vessel,  used  or  intended  to  be  used  for  the  purpose  of  con- 
taining or  conveying  the  article  commonly  called  swill, 
shall,  when  not  in  actual  use,  incumber  or  stand  in  any  of 
the  streets,  lanes  or  alleys  in  the  city  of  New  York,  under 
any  pretense  whatever,  under  the  penalty  of  five  dollars 
for  each  offense,  to  be  recovered  from  the  owner  or  person 
having  charge  of  any  such  cart,  wagon  or  other  vehicle, 
severally  and  respectively. 

§  36.  The  last  preceding  section  shall  not  be  construed  Ibl<L 
to  prevent  such  vehicles,  not  exceeding  four  in  number, 
from  standing  at  or  in  front  of  the  premises  from  which 
such  swill  is  obtained,  for  the  purpose  of  receiving  such 
swill,  but  not  elsewhere;  provided  the  said  vehicles  do  not 
stand  abreast  of  each  other.  From  the  first  day  of  May 
to  the  first  day  of  November,  in  every  year,  all  persons  are 
forbid  to  use  the  Croton  water  for  washing  streets,  side- 
walks, steps  or  buildings,  after  8  A.  M.,  and  from  the  first 
day  of  November  to  the  first  day  of  May  following,  after  9 
A.  M.,  under  the  penalty  of  five  dollars  for  each  offense. 

§  37.  All  carts  and  other  vehicles,  used  by  any  person  Ibid* 
or  persons,  to  carry  or  transport  any  swill  or  garbage, 
shall  have  water-tight  boxes  or  other  vessels,  so  as  to  pre 
vent  the  contents  from  leaking,  spilling  or  scattering  on 
the  streets,  under  the  penalty  of  one  dollar  for  each  and 
every  offense,  on  conviction  thereof,  before  any  magistrate 
of  the  city. 


424  OF  NUISANCES   AND    NOXIOUS   THINGS   AND    PRACTICES. 

Bone  boiling.      §38.  It  shall  not  be  lawful  for  any  person  or  persons, 

skinning     of  IT 

animals, &c..  incorporated  or  unincorporated,  to  carry  on,  establish, 
prosecute  or  continue,  within  the  city  of  New  York,  the 
occupation,  or  trade,  or  business  of  bone-boiling,  bone- 
burning,  bone-grinding,  horse-skinning,  cow-skinning,  or 
skinning  of  dead  animals,  or  the  boiling  of  offal ;  and  any 
such  establishment  or  establishments,  or  place  of  such  busi- 
ness, existing  within  the  limits  aforesaid,  shall  be  forth- 
with removed  out  of  said  city,  and  such  trade,  occupation 
or  business  shall  be  forthwith  abated  and  discontinued  ; 
provided,  that  nothing  herein  contained  shall  apply  to  the 
slaughtering  or  dressing  of  animals  for  sale  in  said  city. 

n>id.  §  39.  Every  person  or  corporation,  violating,  refusing,  or 

failing  to  comply  with  the  provisions  of  the  thirty-eighth 
section  of  this  chapter,  shall,  upon  conviction  thereof,  be- 
fore any  court  of  competent  jurisdiction,  be  liable  for  every 
such  offense,  to  a  penalty  of  five  hundred  dollars  ;  and 
every  person  or  persons  engaged  or  employed  in  any  such 
trade,  or  business  or  occupation,  prohibited  by  the  said 
section  of  this  chapter,  or  violating  the  provisions  thereof, 
or  refusing  or  failing  to  comply  with  the  same,  shall,  in  ad- 
dition to  said  penalty,  be  considered  guilty  of  a  misde- 
meanor, and  on  conviction  shall  be  subject  to  fine  or  im- 
prisonment, or  both,  at  the  discretion  of  the  court.  And 
it  is  made  the  especial  duty  of  all  magistrates  and  police 
officers  to  cause  the  arrest  and  detention  of  all  persons 
guilty  of  violating  the  provisions  of  this  chapter  of  the 
ordinances. 

ibid.  §  40.  It  shall  be  the  duty  of  the  City  Inspector  to^ascer- 

tain  whether  any  such  trade  or  business  is  carried  on,  or 
continued,  or  established  within  the  limits  aforesaid,  and 
to  cause  notice,  in  writing,  to  be  served  upon  the  person, 
persons  or  corporation  carrying  on  or  continuing  such 
trade  or  business,  directing  every  such  person,  persons  or 


OF  NUISANCES  AND  NOXIOUS  THINGS  AND  PRACTICES,  425 

corporation  to  discontinue  the  said  trade  or  business,  and 
to  cause  all  offensive  or  unwholesome  materials  or  things 
appertaining  to  said  trade  or  business,  to  be  removed  with- 
out the  limits  aforesaid,  within  forty-eight  hours  after  the 
service  thereof. 

§  41.  If  the  name  of  any  such  person  shall  be  known  to  Bone  boning, 

Skinning     of 

the  said  City  Inspector,  the  same  shall  be  inserted  therein,  animals,  &c. 
but  if  any  such  name  be  unknown  to  said  City  Inspector, 
it  shall  be  sufficient,  after  diligent  inquiry  for  the  same,  to 
direct  such  notice  in  the  following  manner:  "  To  the  per- 
son, persons  or  incorporation  concerned  in  the  carry- 
ing on,  or  continuance  of  the  business  of,  (specifying  the 
same)  at  (specifying  the  place  of  such  business)  and 
every  of  them,"  without  any  other  name  or  addition,  and 
such  notice  may  be  served  by  leaving  the  same  with  any 
person  of  suitable  age  and  discretion,  upon  the  premises 
where  such  trade  or  business  is  so  carried  on,  or  if  the 
same  be  closed,  or  no  person  be  found  upon  the  premises, 
upon  whom  the  same  can  be  served,  then  by  posting  such 
notice  in  a  conspicuous  place  upon  such  premises,  and  in 
case  the  person  or  persons  to  whom  such  notice  is  directed 
be  known  to  the  City  Inspector,  the  said  notice  may  be 
served,  by  leaving  the  same  at  the  place  of  residence  of 
such  person,  with  any  person  of  suitable  age  and  dis- 
cretion. 

§  42.  If  such  trade  or  business,  so  carried  on  and  conti- n>id- 
nued,  shall  not  be  discontinued  by  the  time  specified  in 
such  notice,  and  all  offensive  or  unwholesome  material 
and  things  appertaining  thereto,  removed  from  within  the 
limits  aforesaid,  within  the  time  aforesaid,  it  shall  be  the 
duty  of  the  said  City  Inspector  to  cause  the  same  to  be 
done,  and  he  shall  have  authority  to  do  all  things  neces- 

£  order  to  shut  up  and  discontinue  such  trade  or 
28 


426  OF  NUISANCES  AND  NOXIOUS  THINGS  AND  PRACTICES. 

business  peaceably,  and  to  remove  beyond  the  limits 
aforesaid,  all  such  offensive  or  unwholesome  material  or 
things. 

§  43.  It  shall  be  the  duty  of  the  City  Inspector  to  pre- 
,  &c.  pare  a  statement,  showing  the  expenses  incurred  in  the 
execution  of  the  last  preceding  fire  sections,  specifying 
the  lot  or  lots  whereon  such  trade  or  business  has  been  so 
carried  on  or  continued,  and  the  name  or  names  of  the 
proprietor  or  proprietors,  owner  or  owners  of  tne  same, 
so  far  as  the  same  may  be  ascertained,  and  such  statement 
shall  be  filed  in  the  office  of  the  Street  Commissioner,  and 
such  proceedings  shall  thereupon  be  taken  for  the  collection 
of  the  amount  of  the  sum  so  expended  in  carrying  the 
said  section  into  execution,  as  are  provided  or  allowed 
by  law. 

Removal  of  §44.  In  all  cases  when  the  City  Inspector  shall  deem 
it  advisable  for  the  public  health  of  said  city,  forthwith 
to  remove  any  nuisance  in  said  city,  it  shall  be  the  duty 
of  said  City  Inspector  to  cause  the  said  nuisance  forthwith 
to  be  abated  or  removed,  at  the  expense  of  the  owner  or 
owners  of  any  lot  or  premises  upon  which  the  same  may 
exist. 

iwd.  §  45.  It  shall  be  the  duty  of  such  City  Inspector  forth- 

with, after  the  removal  or  abatement  by  him  of  any 
nuisance,  to  prepare  a  statement  in  writing,  showing  the  ex- 
pense thereof,  and  specifying  therein  the  lot  or  lots,  or  pre- 
mises upon  which  the  same  existed,  and  the  name  or  names 
of  the  proprietor  or  proprietors,  owner  or  owners  of  the  same 
as  far  as  the  same  may  be  ascertained,  and  particularly  spe- 
cifying the  expense  of  the  removal  or  abatement  of  such 
nuisance,  from  each  separate  lot ;  and  such  statement 
shall  be  filed  in  the  office  of  the  Street  Commissioner;  and 
such  proceedings  shall  be  thereupon  taken  for  the  collection 
of  the  amount  of  such  expense,  as  are  provided  by  law. 


OF  NUISANCES  AND  NOXIOUS  THINGS  AND  PRACTICES.  427 

§  46.  No  person  shall  bring  into  the  city  of  New  York,  oysters. 
or  have  in  his,  her,  or  their  possession,  in  the  said  city, 
any  oysters  between  the  first  day  of  May  and  the  first  day  of 
September,  in  any  year,  under  the  penalty  of  five  dollars 
for  any  quantity  not  exceeding  one  hundred,  and  t  the 
further  penalty  of  two  dollars  for  every  additional  hundred. 

Provisions  against  certain  Practices. 
§47.  No   person  shall   expose,    in  any  of  the  streets,  Games  or 

Chance. 

lanes,  avenues,  or  public  places  of  the  city  of  New  York, 
any  table  or  device  of  any  kind  whatever,  upon  or  by 
which  any  game  of  chance  or  hazard  can  be  played,  or 
shall  play  at  or  upon  any  such  table  or  device,  under  the 
penalty  of  twenty-five  dollars  for  each  offense. 

§  48.  No  person  shall,  at  any  time,  swim  or" bathe  in  the  Bathing, 
waters   of  the  East   and  North  rivers,  adjacent   to  any 
ferry  stairs,  or  to  the  Battery,  in  the  city  of  New  York, 
under  the  penalty  of  ten  dollars  for  each  offense. 

§  49.  No  person  shall  swim  or  bathe  in  the  waters  of  the  n>w 
East  and  North  rivers,  between  the  hours  of  six  o'clock 
in  the  forenoon  and  eight  in  the  afternoon,  at  any  place  in 
the  city  of  New  York,  exposed  to  view,  lying  south  of 
Thirtieth  street,  under  the* penalty  of  ten  dollars  for  each 
offense. 

§50.  No   person  shall  raise   or   fly   any  kite    in    any  Fiyingkues. 
street,  lane  or  avenue,  or  public  place  in  the  city  of  New 
York,  to   the  southward   of  Fourteenth  street,   under  the 
penalty  of  five  dollars  for  each  offense. 

§  51.  No  person  shall  place  or  post,  or  cause  or  permit  Posting  noti- 
ces of  Quacks 
to  be  placed  or  posted  in  any  street  in  the  city  of  New  &c- 

York,  any  handbill  or  advertisement,  giving  notice  of  any 
person  having  or  professing  to  have  skill  in  the  treatment 


428  OP  NUISANCES  AND  NOXIOUS  THINGS  AND  PRACTICES. 

or  curing  of  any  disorder  or  disease,  or  giving  notice  of 
the  sale,  or  exposure  to  sale,  of  any  nostrum  or  medicine, 
under  the  penalty  of  twenty-five  dollars  for  every  such 
offense. 

thefts!11  §  52-  No  d7er  or  scourer,  or  any  other  person,  shall 
wash,  rinse  or  cleanse,  or  cause  or  procure  to  be  washed, 
rinsed  or  cleansed,  any  cloth,  yarn  or  garment,  in  any 
street  in  the  city  of  New  York,  under  the  penalty  of  ten 
dollars  for  each  offense. 

ouwtKM4c.in      §  53.  No   dyer   or  scourer,  or   any  other  person   shall 
iels'    place  or  suspend,  or  cause  or  procure  to  be  placed  or  sus- 
pended, in  or  over   any   street  in  the  city  of  New  York, 
any  cloth,  yarn  or  garment,  for  the  purpose  of  drying  the 
same,  under  the  penalty  of  ten  dollars  for  each  offense. 

Flying  horses  g  5^  -^Q  grocer)  inn-keeper,  tavern-keeper,  or  any  other 
person,  shall  have  on  his,  her  or  their  premises,  or  shall 
let,  hire  or  use  for  public  amusement,  any  flying  horse  or 
horses,  or  whirligig,  or  roundabout,  or  other  similar  ma- 
chinery or  device,  by  whatever  name  it  may  be  called, 
under  the  penalty  of  fifty  dollars  for  each  offense. 

Advertising  §  55.  No  person  shall  beat  any  drum  or  other  instru- 
ment, or  blow  any  horn  or  other  instrument,  for  the  pur- 
pose of  attracting  the  attention  of  passengers,  in  any 
street  in  the  city  of  New  York,  to  any  show  of  beasts  or 
birds  or  other  things  in  said  city,  under  the  penalty  of  ten 
dollars  for  each  offense. 

§56.  The  owner  or  owners  of  any  buildings  or  tenements 
in  the  city,  below  Fortieth  street,  are  hereby  required  to 
provide  a  barrel,  or  tub,  or  box,  of  sufficient  size  to  con- 
tain all  the  rubbish,  coal  ashes  and  garbage,  that  may  ac- 
cumulate from  day  to  day,  on  his  or  her  premises,  which 


OF  NUISANCES  AND  NOXIOUS  THINGS  AND  PRACTICES.  429 

said  barrel,  tub,   or  box,   shall  be  placed  on  the  sidewalk  Garbage  bar- 

'  rels,  &c. 

in  front  of  each  house  or  tenement,  or  such  convenient 
spot  as  shall  be  designated  by  the  Street  Inspectors  of  the 
several  Wards;  and  it  shall  be  the  duty  of  the  owners  or 
occupants  of  all  houses,  tenements,  £c.,  to  put  all  their 
rubbish,  coal  ashes  and  garbage,  into  said  barrels,  tubs, 
or  boxes,  when  so  provided;  and  in  case  of  negligence  they 
shall  be  liable  to  a  fine  of  one  dollar  for  each  offense. 


430  OP  CHARCOAL,  FISH,  VEGETABLE  AND  FRUIT  WAGONS,  AND 


CHAPTER  XLYI. 

OF    CHARCOAL,    FISH,   VEGETABLE   AND  FRUIT   WAGONS,     AND 
VENDERS  OF  BROOMS,    WOODEN  WARE  AND  KINDLING  WOOD. 

General  Reg-     §  1.  No  owner  of,  vender,  or  retailer  of  charcoal,  fish, 

illations. 

fruit,  vegetables,  brooms,  wooden  ware  or  kindling  wood, 
shall  affix  to,  or  suffer,  or  permit  to  be  affixed  to  the  cart, 
wagon  or  any  other  vehicle,  owned  by,  or  employed  or 
used  by  him  for  the  purpose  of  transporting,  conveying 
in,  or  selling  thereout,  in  the  streets  of  the  city  of  New 
York,  charcoal,  or  fish,  or  fruit,  or  vegetables,  or  brooms, 
or  wooden  ware,  or  kindling  wood,  any  bell,  iron,  steel,  or 
other  metal  bar,  or  any  other  instrument,  nor  shall  blow 
upon  or  use,  or  suffer  or  permit  to  be  blown  upon,  any 
horn  or  other  instrument  for  the  purpose  of  giving  notice 
of  the  approach  of  any  cart,  wagon  or  other  vehicle,  in 
order  to  sell  thereout  charcoal,  fish,  fruit,  vegetables, 
brooms,  wooden  ware,  or  kindling  wood,  under  the  penalty 
of  five  dollars  for  each  offense,  to  be  sued  for  and  recovered 
of  the  owner  of,  employer  of,  driver  of,  or  persons  having 
charge  of  such  cart,  wagon  or  other  vehicle,  or  of  the 
owner  of  such  coal,  fish,  fruit,  vegetables,  brooms,  wooden 
ware,  or  kindling  wood,  severally  and  respectively. 

|  2.  The  owner  of,  employer  or  driver  of  every  cart 
wagon  or  other  vehicle,  used  for  the  purpose  of  selling 
thereout  charcoal,  fish,  fruit,  vegetables,  brooms,  wooden 
ware  or  kindling  wood  authorized  or  permitted  to  be  sold 
by  law,  shall,  before  the  same  be  used  for  such  purpose, 
have  the  same  licensed  by  the  Mayor  of  the  city  oi'  New 
York,  which  license  shall  contain  the  number  of  the  cart, 
wagon  or  vehicle,  and  the  name  of  the  owner,  employer 


VENDERS  OF  BROOMS,  WOODEN  WARE  AND  KINDLING  WOOD.  431 

and  driver  thereof;  the  owner,  employer  or  driver  of  each 
cart,  wagon  or  other  vehicle  used  for  the  purpose  of  selling 
thereout  charcoal,  brooms,  wooden  ware  or  kindling  wood, 
shall,  at  the  time  such  license  is  granted,  pay  to  the  said 
Mayor  the  sum  of  two  dollars  and  fifty  cents  for  the  use 
of  the  city;  and  the  owner,  employer,  or  driver  of  each 
cart,  wagon  or  other  vehicle,  used  or  employed  for  the 
purpose  of  selling  thereout  fish,  fruit  or  vegetables  autho- 
rized or  permitted  to  be  sold  by  law,  shall,  at  the  time 
such  license  is  granted,  pay  to  the  said  Mayor  the  sum  of 
five  dollars  for  the  use  of  the  city;  said  license  shall  be 
in  force  for  one  year,  and  shall  be  renewed  at  the  expira- 
tion of  each  year,  and  upon  the  renewal  thereof,  such 
owner,  employer  or  driver  shall  pay,  as  aforesaid,  the  sum 
of  fifty  cents  to  the  Mayor,  for  the  use  of  the  city,  as  upon 
the  original  granting  of  the  license.  Each  cart,  wagon,  or 
other  vehicle,  shall  have  the  number  of  its  license  painted 
upon  it  in  a  conspicuous  place,  and  the  figures  composing 
said  number  shall  not  be  less  than  two  and  a  half  inches 
in  length,  and  shall  at  all  times  be  kept  legible. 

§  3.  The  owner  of,  employer  or  driver  of  any  cart,  Penalty, 
wagon  or  other  vehicle,  who  shall  employ  or  use  the  same, 
or  suffer  or  permit  the  same  to  be  employed  or  used,  for 
any  of  the  purposes  above-mentioned,  without  having  ob- 
tained a  license  therefor,  as  is  above  provided,  shall  for- 
feit and  pay  for  each  day  such  cart,  wagon  or  other  vehicle 
shall  be  so  employed  or  used  without  license,  the  sum  of 
fifty  cents,  and  the  like  sum  for  neglecting  or  omitting  to 
have  the  number  painted  upon  bis  cart,  wagon  or  vehicle, 
in  the  manner  directed  by  this  chapter,  to  be  sued  for 
and  recovered  of  the  owner  of,  employer  of,  driver  of,  or 
person  having  charge  of  such  cart,  wagon,  or  other  vehicle, 
Or  of  the  owner  of  such  coal,  fish,  fruit,  vegetables,  brooms, 
wooden  ware  or  kindling  wood,  severally  and  respectively. 


432  OF  THE  gALE  AND  MANUFACTURE  OF  BREAD. 

Exceptions  as      §  4.  Nothing  herein  contained  shall  be  so  construed  as 

to    Farmers, 

to  prevent  farmers  and  gardeners  from  bringing  their  pro- 
duce to  the  city  for  the  purpose  of  vending  and  disposing 
of  the  same  from  wagons  or  other  vehicles. 

§  5.  The  Mayor  is  hereby  authorized  to  grant  licenses 
pursuant  to  the  provisions  above  set  forth. 


CHAPTER  XLYIL 

OF  THE   SALE  AND   MANUFACTURE  OF  BREAD. 

HOW  made  §  1.  All  bread  baked  and  offered  or  exposed  for  sale  in 
the  city  of  New  York,  shall  be  made  of  good  and  whole- 
some flour  and  meal,  and  sold  by  avoirdupois  weight. 

pemity.  §  2.  If  any  baker  or  other  person  shall  make  for  sale, 
offer  or  procure  to  be  sold,  any  bread  of  any  other  than 
wholesome  flour  or  meal,  or  shall  sell  the  same  contrary  to 
the  preceding  section  of  this  chapter,  such  person  shall 
forfeit  and  pay  the  sum  of  ten  dollars  for  every  such 
offense. 

§  3.  All  loaf-bread  offered  for  sale  in  this  city,  not  in 
conformity  with  the  provisions  of  this  chapter,  shall  be 
forfeited,  and  shall,  and  may  be  seized  and  disposed  of  for 
the  use  of  the  said  city. 


OF  SWINE,  NEAT  CATTLE,  AND  PUBLIC  POUNDS.  433 


CHAPTER   XLVIII. 

OF  SWINE  AND  NEAT  CATTLE  RUNNING  AT  LARGE,  AND  HEREIN 
OF   PUBLIC   POUNDS. 

§  1.  No  neat  cattle  shall  go  at  large  in  any  of  the 
streets,  lanes,  alleys,  piers,  wharves,  or  public  places  in 
the  city  of  New  York,  within  the  lamp  and  watch  district, 
nor  any  swine  in  any  part  of  the  city  of  New  York,  under 
the  penalty  of  five  dollars  for  every  such  swine  or  animal 
which  shall  be  found  at  large,  to  be  paid  by  the  owner  or 
person  having  charge,  care  or  keeping  thereof,  severally 
and  respectively. 

§  2.  There  shall  be  appointed  proper  persons,  as  masters  round  mas- 
of  the  public  pounds  in  the  city  of  New  York,  who,  before 
entering  upon  the   duties  of  their  office,   shall   take  and 
subscribe  an  oath  or  affirmation,  well  and  truly  to  execute 
the  duties  of  their   office. 

§  3.  The   said   pound-masters  shall    enter  into    bonds  Found  mas- 
ter's bonds, 
with  two  good  and  sufficient  sureties,  to  be  approved  by 

the  Comptroller,  in  the  penal  sum  of  five  hundred  dollars, 
conditioned  for  the  faithful  performance  of  the  duties 
of  their  office. 

§  4.  All  swine  or  neat  cattle  found  at  large  in  the  city  Regulation  of 

*   pounds. 

of  New  York,  in  violation  of  this  chapter,  may  be 
taken  by  any  person  or  persons,  and  driven  or  carried  to 
such  place  as  may  have  been  designated  by  the  Common 
Council  as  a  public  pound;  and  it  shall  be  the  duty  of  the 
pound-master  or  person  having  charge  of  such  public  pound, 
to  enteran  a  book,  to  be  kept  by  him  for  that  purpose,  the 
names  and  places  of  abode  of  all  persons  who  may  bring 


434  OF  SWINE,  NEAT  CATTLE,  AND  PUBLIC  POUNDS. 

any  such  swine  or  neat  cattle  to  such  pound,  and  the  time 
of  bringing  the  same,  respectively,  and  the  said  pound" 
master  shall  pay  to  the  person  bringing  any  such  swine  or 
neat  cattle,  to  such  pound,  one  dollar  for  each  beast  or 
animal  so  brought. 

pouudaslionof  §5-  If  tne  owner  of  any  such  swine  or  neat  cattle,  or 
any  other  person  entitled  to  redeem  the  same,  shall  appear 
and  claim  the  same,  at  any  time  before  a  sale  thereof,  it 
shall  be  the  duty  of  the  pound-master  to  deliver  the  same 
on  receiving  the  amount  of  his  fees  for  keeping  and  feed- 
ing the  same,  not  exceeding  fifty  cents  for  each  beast  for 
every  twenty -four  hours,  and  at  that  rate  for  any 
less  period  of  time,  together  with  such  sum  as  he  may 
have  paid  to  the  person  who  brought  the  said  beast  to  the 
pound. 

Ibid. 

§  6.  It  shall  be  the  duty  of  the  pound-master,  on  making 
any  delivery  of  swine  or  neat  cattle,  before  sale,  or  on 
payment  of  surplus  money  after  sale,  to  obtain  from  the 
person  or  persons  claiming  the  same,  his,  her  or  tieir  name 
or  names  and  residence;  and  once  in  each  month  to  report 
to  the  Attorney  of  the  Corporation,  the  same,  and  the 
name  or  names  of  all  persons  claiming  swine  or  neat  cat- 
tle, and  their  places  of  residence,  the  date  when  the  same 
were  left,  when  the  same  were  sold  or  redeemed,  and  the 
names  of  the  persons  leaving  the  same  at  the  pound. 

Ibid. 

§  7.  If  no  person  shall  appear  to  claim  such  swine  or 
neat  cattle,  within  five  days  after  the  same  may  have  been 
impounded,  it  shall  be  the  duty  of  the  pound-master  to  give 
three  days'  notice  of  the  sale  thereof. 

§  8.  Such  notice  shall  contain  some  general  description 
of  the  beasts  impounded,  and  shall  be  posted  up  in  some 
conspicuous  place  at  said  public  pound,  and  in  the  City 
Hall  of  the  city  of  New  York,  and  shall  also  be  inserted 


OF  SWINE,  NEAT  CATTLE,  AND  PUBLIC  POUNDS.  435 

in  two  or  more  of  the  public  newspapers  employed  by  the 
Common  Council. 

§  9.  In  case  of  the  sale  of  any  impounded  swine  or  neat  pond's1011  of 
cattle,  the  said  pound-master  shall  retain  out  of  the  pro- 
ceeds of  such  sale,  sufficient  to  pay  the  amount  of  his  fees, 
and  all  charges  incurred  by  him  on  account  of  said  swine 
or  neat  cattle. 

§  10.  If,  after  any  such  sale,  and  whilst  the  proceeds  Ibid> 
thereof  remain  in  the  hands  of  the  said  pound-master,  the 
former  owner  of  any  swine  or  neat  cattle  shall  appear  and 
claim  the  same,  it  shall  be  the  duty  of  the  said  pound- 
master,  to  deduct  from  the  proceeds  of  such  sale,  the  fees 
and  charges  as  provided  in  the  last  preceding  section;  to 
ascertain  the  name  and  residence  of  such  owner,  and  to 
pay  over  the  residue  of  the  proceeds  of  such  sale  to  the 
person  so  claiming  to  be  the  owner. 

§11.  It  shall  be  the  duty  of  the  said  pound-master  once  p««nd  v&a- 

ter'd  report. 

in  every  month  to  account  to  the  Comptroller  of  the  city 
of  New  York,  for  all  moneys  received  or  expended  by 
him,  by  virtue  of  this  chapter,  and  to  pay  over  to  the  said 
Comptroller,  all  such  moneys  remaining  in  his  hands, 
after  deducting  his  legal  fees  and  charges. 

§  12.  It  shall  be  the  duty  of  the  persons  exercising  the  Running  or 
duties  of  keepers  of  the  Park,  the  Batterv,  and  the  Bow- 1>ublic 

••  '  giouiida. 

ling  Green,  and  the  Washington  Parade  Ground,  to  drive 
to  the  said  public  pound,  all  swine  or  neat  cattle  found  at 
large  by  them,  respectively,  and  to  report  all  violations 
of  the  first  section  of  this  chapter,  to  the  Attorney  of  the 
Corporation. 

§13.  No  person  or   persons  shall  have  or  keep  in  the  Pis sties, 
city   of  New  York,  in  any   pen  or  sty,  more  than  three 
swine,  at  any  one  time,  between  the  first  day  of  May  and 


436 


OF  SWINE,  NEAT  CATTLE,  AND  PUBLIC  POUNDS. 


pig  sues. 


Exception. 


the  last  day  of  October  in  each  year,  under  the  penalty 
of  five  dollars  for  every  swine  above  the  aforesaid  number. 

g  ^  ^ji  swjne  jn  the  said  city  shall  be  kept  in  pens  or 
sties,  during  the  period  mentioned  in  the  13th  section  of 
this  chapter,  which  sties  shall  be  properly  and  effectually 
cleaned  at  least  once  in  every  three  days,  under  the  penalty 
of  five  dollait,  for  each  and  every  violation  of  either  of 
the  provisions  of  this  section. 

§15.  So  much  of  the  foregoing  provisions  as  relates  to 
swine,  shall  apply  to  the  whole  city  of  New  York. 

§  16-  The  premises  known  as  Nos.  81  and  83  New 
street,  in  the  First  Ward  of  the  city  of  New  York,  are 
hereby  designated  as  and  for  a  public  pound,  and  a  pound- 
keeper  is  assigned  therefor,  without  any  compensation  or 
salary  to  be  paid  by  the  Corporation. 

§  17'  There  slia11  be  established  in  the  Twelfth  Ward 
°f  tne  city  °f  New  York,  two  public  pounds,  and  also  one 
other  public  pound  in  the  Nineteenth  Ward  of  said  city, 
wherein  shall  be  impounded  all  stray  swine  and  cattle 
that  shall  be  found  at  large  in  any  of  the  streets,  lanes, 
alleys,  piers,  wharves,  or  public  places,  or  trespassing  upon 
private  grounds;  and  all  such  swine  or  cattle  as  shall  be 
impounded  shall  be  subject  to  the  provisions  set  forth  and 
prescribed  by  this  chapter. 

§  -1-8*  ^ne  Poun^  S^ia^  be  located  as  near  as  possible  to 
^ne  intersection  of  Kingsbridge  road  and  One  hundred  and 
sixtieth  street  ;  and  also  one  near  the  intersection  of 
Seventh  avenue  and  One  hundred  and  twenty-third  street. 

pound  in          §  19.  The  public  pound  hereby  authorized  to  be  estab- 

Nincteenth  J 

ward.  lished  in  the  Nineteenth  Ward  shall  be  located  upon  the 
grounds  of  the  Corporation,  at  or  near  the  corner  of  Fifth 
avenue  and  Eightieth  street. 


Twemhnand 
wareds?mh 


road. 


OF  SWINE,  NEAT  CATTLE,  AND  PUBLIC  POUNDS.  437 

§20.  The  premises  known  as  the  north  east  corner  of  Pound  on 

One  hundred 

One  hundred  and  fiftieth  street  and  Tenth  avenue  is  here-  atnd  t  f  "** 

Stir*  I  oj   lulu 

by  designated  as  and  for  a  public  pound,  and  a  pound-keeper  avenue- 
shall  be  assigned  therefor,  without  any  compensation  or 
salary  to  be  paid  by  the  Corporation. 

§21.  The  premises  known   as   the  rear  of  lot  on  the  Poun-nnone 

hundred  and 

north  west   corner  of  One  hundred   and  twenty-seventh  twenty*  v- 

enth  -tre'  t  & 

street  and  Third  avenue,  is  hereby  designated  as  and  for  ^M  avenue 
a   public  pound,  and  a  pound-keeper  shall   be    assigned 
therefor,  without  any  compensation  or  salary  to  be  paid  by 
the  Corporation. 

§  22.  The  City  Inspector  of  the  city  of  New  York  is 
hereby  empowered  and  directed  to  assume  the  control, 
direction  and  supervision  of  the  public  pounds,  created  by 
the  two  last  preceding  sections,  and  the  said  City  Inspec- 
tor is  also  hereby  further  authorized  and  directed  to  cause 
the  enforcement  of  all  laws  of  the  State  and  ordinances 
of  the  Common  Council  in  relation  to  the  public  pounds 
in  the  said  city  of  New  York. 


438  OF  THE  INTERMENT  OF  THE  DEAD. 


CHAPTER  XLXIX. 

OF  THE  INTERMENT  OF  THE  DEAD. 

Regulation        |  1.  No  person  shall  dig  or  open  any  grave,  or   cause 

for  opening: 

Jthfctree1  or  Procure  an)'  grave  to  be  dug  or  opened  in  any  bur)  ing- 
ground,  cemetery,  or  church-yard,  or  in  any  other  part  or 
place  in  the  city  of  New  York,  south  of  Eighty-sixth 
street,  or  shall  inter  or  deposit,  or  cause  or  procure  to  be 
interred  or  deposited  in  any  such  grave,  or  in  any  vault 
or  tomb,  except  in  private  vaults  and  private  cemeteries 
now  existing,  any  dead  body,  within  the  limits  aforesaid, 
under  the  penalty  of  two  hundred  and  fifty  dollars. 


-      §  2.  No  new  cemetery  or  burying-ground  shall  hereafter 

ries  prohibit-  J 

ecl-  be  established  in  any  part  of  the  city  and  county  of  New 

York,  and  no  person  shall  dig  or  open  any  grave,  or  cause 
or  procure  any  grave  to  be  dug  or  opened,  in  any  such 
new  cemetery  or  burying-ground,  or  shall  inter  or  deposit, 
or  cause  to  be  interred  or  deposited,  in  any  such  grave,  or 
in  any  vault  or  tomb,  in  any  new  cemetery  or  burying- 
ground,  as  aforesaid,  any  dead  body,  under  the  penalty 
of  two  hundred  and  fifty  dollars  for  every  such  offense. 

{Xeo!e!!?nn  §  ^'  -^°  Person  shall  inter  any  corpse  in  any  vault  or 
oTsbth  Tee!  grave  il1  tae  ci1T  of  New  York,  north  of  the  limits 
mentioned  in  the  first  section  of  this  chapter,  unless  such 
vault  or  grave  shall  be  at  least  six  feet  deep,  and  not  less 
than  six  feet  below  the  level  of  the  adjacent  streets,  under 
the  penalty  of  one  hundred  dollars  for  each  offense. 


§  4-  ^TO   person   shall  remove,  disturb   or   expose  any 
dead  body  or  coffin,  that  is  now  or  may  hereafter  be  in- 


OP  THE  INTEEMENT  OF  THE  DEAD. 


439 


terred  in  any  grave-yard  in  the  city  of  New  York,  unless 
permission  be  first  obtained  from  the  Common  Council,  or 
as  provided  in  this  chapter,  under  the  penalty  of  two 
hundred  and  fifty  dollars  for  each  offense, 

§  5.  Every  sexton  or  person  having  charge  of  any  vault 
or  bury  ing-ground,  in  the  city  of  New  York,  shall,  be- ald 
tween  the  hours  of  nine  and  two  o'clock  of  Saturday  in 
each  week,  make  and  deliver  to  the  City  Inspector,  a  re- 
turn of  the  persons  buried  in  such  vault  or  burying-ground, 
during  the  week,  according  to  the  form  following: 


FORM. 

An  accurate  list  of  Interments  in  ihe  Burial-ground  belonging  to 

,  from  the 
,  to 


day  of 


SEXTOX. 


MALES. 

FEMALES. 

AGE. 

PLACE  OF 

RESIDENCE. 

0 

,G 

o 

a 

E 

a 

£ 

a 

S 

i^ 

Q 

Q 

S 

•/: 

/: 

^ 

? 

"S 

I  Date  of 

•y. 

1  II 

Hi 

4- 

Married 

Widows. 

Unniarri 

£ 

Month«. 

i 

Number. 

1 
55 

ll 

s 

1 

o 
M 

§  6.  No  bell  of  any  church  shall  be  rung  or  tolled  for  Toning  or 
any  funeral,  without  the  permission  of  the  Common  Coun-  foriuiwiah. 
cil,  under   the  penalty   of  twenty  dollars,   to  be  paid  by 
the  sexton  or  person  having  charge  of  the  said  church. 

§7.  Any    person  who  shall  violate   the  provisions   ofpenalty 
section  five  of  this  chapter,  shall  forfeit  and  pay  for  every 
(Such  offense  the  sum  of  twenty-five  dollars. 


I 


440  OP  THE  INTERMENT  OP  THE  DEAD. 


§  8-  Jt  slm11  ke  the  duty  of  the  City  Inspector  to  fur- 
Sou*^  °f  nisn  the  sextons  and  other  persons  having  charge  of  any 
burying-ground  or  vault,  with  copies  of  the  form  set  forth 
in  section  five  of  this  chapter;  and  the  said  City  Inspec- 
tor shall  report  to  the  Attorney  of  the  Corporation,  all 
violations  of  any  or  either  of  the  provisions  of  this  chap- 
ter. 

S?thoutalcer-  §  9.  No  sexton  or  other  person  having  charge  of  any 
place  of  interment  in  the  city  of  New  York,  shall,  under 
a  penalty  of  two  hundred  and  fifty  dollars,  inter,  or  permit 
to  be  interred,  any  dead  body  therein,  without  having 
first  received  a  certificate,  stating  the  name,  apparent  age, 
birth-place,  date,  and  place  of  death,  and  the  disease  of 
which  he  or  she  shall  have  died,  signed  by  the  attending 
physician,  or  in  case  no  physician  shall  have  attended  such 
deceased  person,  then  by  some  of  the  family  of  the  deceased, 
or  in  case  of  an  inquest  having  been  held,  by  the  Coroner, 
which  certificate  shall  be  deposited  with  the  return,  in  the 
office  of  the  City  Inspector. 

permission  §  10.  No  captain,  agent  or  other  person  attached  to 
bodies  from  any  steamboat,  ferry-boat,  sailing  or  other  vessel,  or  to 
any  stage,  railroad,  or  other  conveyance,  public  or  private, 
shall  convey  the  body  of  any  person  who  has  died  in  the 
city  of  New  York,  beyond  the  limits  of  said  city,  with- 
out a  permit  from  the  City  Inspector,  under  the  penalty  of 
two  hundred  dollars  for  each  offense,  to  be  collected  from 
the  person  or  persons  so  offending,  severally  and  respect- 
ively. 

iwd.  §  11.  It  shall  be  the  duty  of   the   City  Inspector  to 

grant  a  permit  for  the  removal  of  the  body  of  any  deceased 
person  from  the  city,  which  has  not  been  buried,  upon  re- 
ceiving a  certificate  of  the  death  of  said  person?  made  in 


OF   THE   INTEEMENT   OP   THE   DEAD.  441 

accordance   with  the   provisions   of  section   nine  of  this 
chapter. 

§  12.  In  ordinary  cases,  the  Mayor  and  City  Inspector  Permission^ 
are  authorized  to  permit  the  removal  of  the  remains  of 
deceased  persons  from  cemeteries  or  burial-places  within 
the  city ;  but  if  there  are  any  extraordinary  circumstances 
in  the  case,  they  shall  refer  all  applications  made  to  themj 
on  the  subject,  to  the  Common  Council. 

§  13.  It  shall  be  the  duty  of  the  City  Inspector  to 
grant  a  general  permit  to  the  sexton  of  St.  Patrick's 
Cathedral,  for  the  removal  of  dead  bodies,  to  be  interred 
in  the  new  Roman  Catholic  Cemetery,  in  Newtown, 
Queens'  County,  Long  Island,  provided  that  the  said 
sexton  comply  with  the  ninth  section  of  this  chapter ; 
and  all  captains,  agents,  or  other  persons  attached  to  any 
steamboat,  ferry-boat,  sailing  or  other  vessel,  or  to  any 
stage,  railroad  or  other  conveyance,  shall  convey  the  said 
dead  bodies  so  to  be  interred,  upon  the  certificate  of  the 
said  sexton. 


29 


442  OP  POLICE  COURTS  AND   OTHER  COURTS. 


CHAPTER  L. 


OP  POLICE    COURTS  AND   OTHER   COURTS. 


SJtrtSof       §  ^'  ^ie  C^  *s  nereky  divided  into  four  Districts,  for 
Police  Courts,  as  follows  : 

The  First  District  shall  comprise  the  First,  Second 
Third,  Fourth,  Fifth  and  Sixth  Wards. 

The  Second  District  shall  comprise  the  Eighth,  Ninth, 
Fifteenth  and  Sixteenth  Wards. 

The  Third  District  shall  comprise  the  Seventh,  Tenth, 
Eleventh,  Thirteenth  and  Fourteenth  Wards. 

The  Fourth  District  shall  comprise  the  Twelfth,  Sev- 
enteenth and  Eighteenth  Wards. 

The  Major's  office,  or  a  suitable  portion  thereof, 
shall  be  known  and  designated  as  part  of  the 
First  District  Police  Court. 

Location  of       §  2.  In   each  of  said  districts  there   shall   be  a  Police 

PoliceCourts. 

Court  and  office,  and  in  the  First  District  there  shall  be 
two  Police  Courts  and  offices. 

The  Police  Courts  of  the  First  District  shall  be  held 

at  the  Halls  of  Justice  in  Centre  street,  and  in 

the  basement  of  the  City  Hall. 

The  Police  Court  of  the  Second  District  shall  be 
held  at  the  Jefferson  Market,  Sixth  avenue. 

The  Police  Court  of  the  Third  District  shall  be  held 
at  the  Essex  Market  in  Grand  street. 

The  Police  Court  of  the  Fourth  District  shall  be  held 
at  the  corner  of  Fourth  avenue  and  Eighty-sixth 
street. 


OP  POLICE   COURTS  AND   OTHER  COURTS.  443 

§  3.  The  Mayor,  Aldermen  and  Commonalty  of  the  city  ^gf^11 
of  New  York,  shall,  from  time  to  time,  designate  the  Jus- 
tices and   Clerks  to  be  assigned  to  the  various  Police 
Courts. 

§  4.  During  the  months  from  April  to  September,  both  Regulation  of 
inclusive,  the  said  Police  Offices  shall  be  kept  open  every 
day  ready  for  the  transaction  of  business,  from  seven 
o'clock  in  the  forenoon  to  seven  o'clock  in  the  afternoon. 
During  the  months  from  October  to  March,  both  inclusive, 
such  offices  shall  be  so  kept  open  every  day  from  eight 
o'clock  in  the  forenoon  to  six  o'clock  in  the  afternoon. 
During  such  hours  the  magistrates  and  clerks  shall  attend 
in  said  offices  for  the  discharge  of  their  duties 5  and  no 
extra  compensation  shall  be  allowed  to  them  for  attending 
on  Sundays. 

§5.  No  political  or   public  meeting  shall  be   held  in  Political  and 

public  meet- 
any  of  the  rooms  assigned  or  occupied  by  the  District  or  in«s- 

Police  Courts  or  as  police  offices  or  stations. 

§  6.  The  magistrates  of   the   several   police  offices  in.  JJJfJ^8 
this  city,  are  hereby  directed  to  furnish  to  either  party  in- 
any  matter  pending  before  them,  or  either  of  them,  a  bill 
of  the  costs  and  fees  charged  in  such  matter,  such  bill  to 
state  particularly  all  items  charged  and  the  fees  therefor. 

§7.  The  several  Justices  of  District  Courts  of  this  rating  list  of 
city,  and  the  clerks  of  the  respective  District  Courts  are 
requested  to  place  correct  written  or  printed  lists  in  some 
conspicuous  part  of  their  several  court  rooms,  of  all  fees, 
costs,  or  other  charges  to  which  the  said  Justices  and 
clerks,  or  police  officers  or  constables,  or  other  officers  of 
said  courts  may  be  legally  entitled,  whether  the  same  be 
chargeable  to  complainant  or  defendant,  and  such  list  to 
state  particularly  the  service  and  the  fee  allowed  therefor. 


444  OF   POLICE    COURTS   AND    OTHER   COURTS. 

Delivery  or       §  8.  The   Justices   or  clerks  aforesaid,  hereby  are  di- 

bill  of  costs. 

rected  to  deliver,  when  required,  to  either  party  to  a  suit 
in  said  courts,  a  bill  of  the  costs  charged  to  such  party, 
specifying  particularly  the  nature  of  the  service  performed, 
the  officer  by  whom  it  may  be  performed,  and  the  legal 
fees  chargeable  therefor. 

stationery.  §  9.  The  Comptroller  shall  not  be  authorized  to  al- 
low or  audit  any  bills  hereafter  created,  for  any  expendi- 
ture for  any  books,  blanks  or  stationery  for  the  use  of  the 
Superior  Court,  Supreme  Court,  Court  of  Common  Pleas, 
Police  Courts,  Assistant  Justices7  Courts,  or  Marine  Court, 
or  the  Justices  or  Clerks  thereof,  which  shall  be  con- 
tracted for  or  purchased  by  said  Justices  and  their  clerks' 
but  that  all  such  books,  blanks  and  stationery  to  be  used 
by  said  courts  and  their  clerks,  shall  be  contracted  for  by 
the  Comptroller,  and  the  contractor  therefor  shall  furnish 
the  same  to  the  said  courts  on  a  requisition  from  the  jus- 
tices thereof,  except  that  until  such  contract  is  made,  the 
Comptroller  may  furnish  such  books,  blanks  and  stationery 
as  may  be  necessary  for  the  immediate  use  of  said  courts, 
from  such  sources  as  he  may  think  proper. 

city  Prison  &      §  10.  The  various  "District  Head  Quarters  "  in  the  sev- 

Bndewell. 

eral  Wards,  together  with  the  office  of  the  Superintendent  of 
Police,  are  hereb}r  respectively  declared  to  be  portions  of 
the  City  Prison  and  Bridewell,  for  the  purpose  of  detain- 
ing persons  arrested  until  they  can  be  duly  examined  ac- 
cording to  law. 

collecting         §  11.  It  shall  be  the  duty  of  the  clerks  of  the  several 

Costs. 

District  Courts,  in  the  city  of  New  York,  to  collect 
the  costs  of  said  court,  to  become  due,  to  the  Corporation 
from  suitors  in  said  courts,  and  they  are  authorized  to  pro- 
ceed by  prosecution  in  all  cases  when  it  may  be  found 
neccssarv. 


OF   POLICE    COURTS   AXD   OTHER   COURTS.  445 


§  12.  All  moneys  which  shall  be  paid  for  fines  imposed 
by  the  Police  Courts  or  Justices,  whether  before  or  after 
commitment,  shall  hereafter  be  received  by  one  of  the  clerks 
in  the  respective  police  offices,  who  shall,  immediately  upon 
the  receipt  of  such  moneys,  enter  an  account  of  the  same 
into  a  book  to  be  denominated  the  "  cash  book,"  specify- 
ing the  date  when  the  fine  was  imposed,  the  name  of  the 
defendant,  nature  of  the  complaint,  amount  of  fine  and 
date  of  payment;  and  he  shall,  on  the  Tuesday  succeeding 
the  expiration  of  each  week,  pay  into  the  Treasury  all 
the  moneys  so  received  during  the  preceding  week,  and  ac- 
count for  the  same,  under  oath  or  affirmation,  to  the  Comp- 
troller. 

§  13.  It  shall  be  the  duty  of  the  Police  Justice  of  each  ibid. 
.-district,  to  designate  one  of  the  clerks  in  their  respective 
offices,  to  receive  the  moneys  and  keep  the  accounts,  as 
provided  in  the  preceding  section;  and  the  clerks  so  desig- 
nated shall  perform  such  duties  and  be  responsible  for 
such  moneys. 

§  14.  The  Common  Council  of  the  city  of  New  York,  do 

Court. 

hereby  designate  the  seal  last  used  by  the  Marine  Court 
of  the  city  of  New  York,  (and  which,  by  law,  has  been  out 
of  use  for  a  few  years  last  past)  as  the  seal  of  the  said 
court,  to  be  used  in  future,  in  pursuance  of  the  tenth  sec- 
tion of  an  act  in  relation  to  the  Marine  Court  of  the  city 
of  New  York,  passed  April  17,  1852  —  and  that  the  said 
seal  be  hereby  furnished  to  the  Clerk  of  the  Marine  Court, 
as  the  seal  of  the  said  Court. 

§  15.  The  trustees  of  the  Second  District  Police  Court  scrivener  of 

Second  Dis- 

are  authorized  to  appoint  a  suitable  person  as  scrivener,  at  trictCourt. 
a  salary  of  eight  hundred  dollars  per  annum. 

616.  The  office   of  scrivener  is  herebv  created  for  the  Fcrlvener  °f 

'     Third   Dis- 

Third  District  Police  Court,  at  a  salary  of  one  thousand 
dollars  per  annum. 


446 


OP  CONSTABLES'  BADGES. 


Badges. 


Ibid. 


Ibid. 


Ibid. 


Penalties. 


CHAPTER    LI. 

OP    CONSTABLES'    BADGES. 

§  1.  All  constables  of  the  city  of  New  York  shall  here- 
after, when  on  duty,  wear  a  badge,  as  hereinafter  provi- 
ded and  designated. 

§  2.  The  badge  mentioned  in  the  preceding  section  shall 
be  made  of  German  silver  (plain,)  bearing  the  words 
"  Constable,"  and  the  number  of  the  "Ward  from  which  the 
constables  respectively  are  elected,  engraved  thereon ; 
as  "  Constable,  First  Ward,"  "  Constable,  Second  Ward," 
&c.  ;  the  said  badge  to  be  round,  and  not  to  exceed  two 
and  a  half  inches  in  diameter. 

§  3.  The  said  badges  shall  be  deposited  with  the  Mayor, 
to  be  distributed  by  him  to  the  constables  of  the  various 
wards  of  the  city. 

§  4.  The  said  badges  shall  be  the  exclusive  property  of 
the  city  of  New  York ;  and  when  any  constable  or  con- 
stables shall  resign,  or  be  removed  by  death  or  otherwise, 
or  his  term  of  office  expire,  the  said  badge  or  badges  shall 
be  returned  to  the  Mayor,  for  his  or  their  successor  or 
successors. 

§  5.  Any  person  or  persons,  not  constables,  found  wear- 
ing the  said  badge,  shall  be  deemed  guilty  of  a  misde- 
meanor and  shall  be  subject  to  imprisonment  for  a  term 
not  exceeding  one  year,  or  a  fine  of  not  less  than  two  hun- 
dred and  fifty  dollars. 


OP   CHIMNEY   SWEEPERS.  447 


CHAPTER   LII. 

OP    CHIMNEY    SWEEPERS. 

§  1.  It  shall  be  lawful  for  the  Mayor  of  the  said  city  Licenses. 
to  grant  licenses,  under  his  hand  and  seal,  to  such  persons 
as  shall  produce  to  him  satisfactory  evidence  of  their  good 
character,  to  be  sweepers  of  chimneys  in  the  said  city  ; 
and  each  person  so  licensed,  shall  pay  therefor  the  sum  of 
three  dollars. 

§  2.  Any  person   so   licensed,  may  keep  and   employ  so  Apprentices 

f  .  and  servants 

many  boys,  apprentices  or  servants  to  assist  him  in  his  said 
business,  as  he  may  think  proper;  provided  they  are  com- 
fortably clad,  and  sufficiently  provided  with  good  and  whole- 
some food,  and  not  under  eleven  years  of  age. 

§  3.  The  said  boys,  apprentices  or  servants,  shall  not  be  n>id. 
required,  by  their  master  or  employer,  to  work  before  six 
o'clock  in  the  forenoon,  nor  after  four  o'clock  in  the  after- 
noon, during  the  winter  season;  nor  before  five  o'clock  in 
the  forenoon,  nor  after  six  o'clock  in  the  afternoon,  during 
the  residue  of  the  year. 

§  4.  No  person  so  licensed  as  aforesaid,  shall  employ  m*- 
any  boy  under  the  age  of  eleven  years,  as  a  chimney 
sweeper,  or  shall  omit  or  neglect  to  feed  or  clothe  any  of 
the  boys,  apprentices  or  servants  in  his  employ,  as  above 
directed,  or  require  or  permit  them,  or  any  of  them,  to 
work  at  other  hours  than  are  above  prescribed,  under  the 
penalty  of  five  dollars,  and  the  forfeiture  of  his  license, 
for  every  such  offense. 

§  5.  No  person,  without  such  license  as  aforesaid,  or  penalty, 
after  the  forfeiture  thereof  as  aforesaid,  shall  carry  on  the 


448  OF    CHIMNEY   SWEEPERS. 

business  of  a  chimney  sweeper,  or  shall  suffer  or  permit 
any  boy,  apprentice  or  servant  belonging  to  him  or  in  his 
employ,  to  sweep  any  chimney  in  this  city,  under  the  pen- 
alty of  five  dollars. 

§  6.  Every  person  so  licensed,  shall  be  subject  to  all 
penalties  that  may  be  incurred  by  any  chimney  taking 
fire,  within  one  month  after  having  been  swept  by  them 
respectively,  or  by  any  boy,  apprentice  or  servant  in  their 
employ. 


^cense  granted  as  aforesaid,  shall  be  num- 
bered; and  every  person  so  licensed  shall  cause  the  boys, 
apprentices  or  servants  in  his  employ,  to  wear  a  badge, 
upon  which  shall  be  inscribed  the  number  of  his  license; 
and  if  any  such  boy,  apprentice  or  servant  shall  at  any 
time  be  found  out  of  the  house  or  premises  of  his  master, 
or  employer,  and  not  wearing  such  badge,  his  said  master 
or  employer  shall  forfeit  and  pay  the  sum  of  two  dollars. 

§8.  The   licensed  chimney   sweepers  of    the  said  city 

ney  Sweeper  s 

shall  be  authorized  to  demand  and  receive  the  following 
sums  for  each  and  every  chimney  swept  by  them,  or  by 
their  boys,  apprentices  or  servants  respectively,  that  is  to 
say:  for  every  chimney  from  the  uppermost  floor  of  any 
house,  twelve  and  a  half  cents;  for  every  chimney  from 
the  next  floor  below,  fifteen  cents;  for  every  chimney 
from  the  next  floor  below,  eighteen  cents;  for  every  chim- 
ney from  the  next  floor  below,  twenty-one  cents;  for 
every  chimney  from  the  next  floor  below,  twenty-eight  cents; 
for  every  chimney  from  the  next  floor  below,  thirty-seven 
and  a  half  cents;  and  where  a  Franklin  stove,  coal  grate  or 
jack  are  used  in  any  fire-place,  twelve  and  a  half  cents 
may  be  demanded,  and  received  in  addition  to  the  above- 
mentioned  sums. 


OP   CHIMNEY  SWEEPERS.  449 


§  9.  It  shall  be  lawful   for  the  Mayor  of  the  said  city  *™SS$*  of 
from  time  to  time,  to  appoint  one  of  the  licensed  chimney  SweePer3- 
sweepers,  to  be  called  "  The  Inspector  of  Chimney  Sweep- 
ers,"  who  shall  hold  his   office  for  the  term  of  one  year, 
subject,  however,  to  removal  by  the  said  Mayor,  and  whose 
duty  it  shall  be  to  see  that  this  law  be  duly  observed  by 
the  said  licensed  chimney  sweepers  and  all  others,  and  to 
report  the  names  of  offenders  to  the  Attorney  of  the  Cor- 
poration. 

§  10.  It  shall  be  the  duty  of  every  sweeper  of  chimneys, 
licensed  as  aforesaid,  to  report  to  the  Mayor  the  names  of  <> 
all  persons  employed  by  him  for  the  purpose  of  sweeping 
chimneys,  and  also  the  names  of  all  such  as  shall  quit  his 
-employment.  And  if  any  person  so  licensed  shall  neglect 
so  to  do  for  the  space  of  one  week,  he  shall  forfeit  and 
pay  five  dollars. 

§  11.  A  register  shall  be  kept  in  the  Mayor's  office,  of  Register  of 

J  Licenses. 

the  name  and  place  of  residence  of  every  person  licensed 
as  aforesaid. 

§  12.  The  provisions   of  this   chapter   shall  apply   to  Provision. 
those  persons  who  use  machinery  in  sweeping   chimneys, 
for  hire,  as  well  as  to  those  who  sweep  by  other  methods. 


450  OF    CORPORATION   ADVERTISEMENTS. 


CHAPTER    LIII. 

OF    CORPORATION   ADVERTISEMENTS. 

§  1.  Newspapers  printed  and  published  in  the  city  of 
iy  designated -^ew  York,  shall  be  annually  designated  by  the  Common 
Council,  in  which  to  publish  the  official  proceedings  of 
each  Board  of  the  Common  Council,  all  notices  of  propo- 
sitions before  the  Common  Council,  involving  an  assess- 
ment upon  citizens,  and  for  such  period  as  the  ordinances 
of  the  Common  Council  in  the  discretion  of  the  particular 
department,  shall  prescribe,  and  all  resolutions  passed  by 
the  Common  Council  involving  assessments. 

§  2.  There  shall  be  published  in  said  newspapers  all 
notices  of  the  Board  of  Supervisors,  Board  of  Health, 
Commissioners  of  the  Sinking  Fund,  the  messages  of  the 
Mayor,  and  all  notices  of  city  and  county  officers  required 
to  be  published  by  law  or  ordinance,  which  the  said 
Boards  or  officers  may  deem  it  proper  to  publish,  by  virtue 
of  their  offices,  the  expense  whereof  is  to  be  paid  from  the 
funds  of  the  city,  except  the  advertisements  for  the  sale 
of  property  for  taxes,  and  the  redemption  notices  in  re- 
lation to  the  same;  and  the  proprietors  of  said  newspa- 
pers shall  agree  to  furnish,  when  required,  affidavits  of  the 
due  publication  of  any  notices,  ordinances,  or  advertise- 
ments, aforesaid,  which  are  made  necessary,  or  which  they 
may  deem  are  made  necessary  by  law  to  be  published. 


OF   ELECTION   DISTRICTS.  451 


CHAPTER    LIY. 

OF    ELECTION    DISTRICTS. 

§  1.  The  twenty-two  wards  of  the  city  of  New  York, 
(comprising  seventeen  Aldermanic  Districts,  as  constituted  Dlstncts- 
under  the  fiftieth  section  of  the  Amended  Charter,  passed 
April  14,  1857)  shall  be,  and  are  hereby  severally  divided 
into  election  districts,  the  extent  and  limits  of  which  said 
election  districts  shall  be  as  follows,  that  is  to  say; 

§  2.  The  First  Ward  shall  be  divided  into  five  election  nrstward. 
districts,   the   extent  and  limits  of  which   said  election 
districts  shall  be  as  follows: 

The  first  election  district  of  the  First  Ward  shall  ^ret  district, 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  North,  or  Hudson  river,  Morris 
street,  Whitehall  street  and  the  East  river,  in- 
cluding Governor's,  Ellis'  and  Bedloes'  Islands, 
in  the  bay,  and  belonging  to  the  city,  and  within 
its  jurisdiction. 

The  second  election  district  of  the  First  Ward  shall  Scc?nddi9" 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  the  Hudson  river,  Rector,  Greenwich 
and  Thames  streets,  Broadway  and  Morris  streets. 

The  third  election  district  of  the  First  Ward  shall  ™rd  distrlct 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within   Hudson  river   and   Liberty  street, 
Broadway,  Thames,  Greenwich  and  Rector  streets. 

The  fourth  election  district  of  the  First  Ward  shall  Fourth  dls- 

trict. 


contain  all  that  part  of  the  city  bounded  by  and 
lying  within  corner   of  Broadway  and  Beaver 


452  OP   ELECTION   DISTRICTS. 

street,  through  Broadway  to  Liberty  street,  Maiden 
lane,  East  river,  Old  slip  and  Beaver  street  to 
Broadway. 

Fiau  district.  The  fifth  election  district  of  the  First  Ward  shall  con- 
tain all  that  part  of  the  city  bounded  by  and 
lying  within  Whitehall,  Beaver  street,  Old  slip 
and  East  river. 

SecondWard.        g  %     The  Second  Ward  ghall    be   divided  into    two    elec. 

tion  districts,  the  extent  and  limits  of  which  said  election 
districts  shall  be  as  follows  : 

First  district.  The  first  election  district  of  the  Second  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Broadway,  Chatham,  Spruce,  Gold 
and  Liberty  streets. 

second   dis-          The  second  election  district  of  the  Second  Ward  shall 

*rict. 

contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Gold  and  Ferry  streets,  East  river 
and  Maiden  lane. 

-.Third  ward.  §  4.  The  Third  Ward  shall  be  divided  into  four  election, 
districts,  the  extent  and  limits  of  which  said  election, 
districts  shall  be  as  follows  : 

Tirst  district.  The  first  election  district  of  the  Third  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Hudson  river,  Vesey  street,  Broad- 
way and  Liberty  street. 

-second  dis-  The  second  election  district  of  the  Third  Ward  shall 

trict. 

contain  all  that  part  of  tlie  city  bounded  by  and 
lying  within  Hudson  river,  Robinson,  Greenwich 
and  Murray  streets,  Broadway  and  Vesey  street. 

Third  district  The  third  election  district  of  the  Third  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Hudson  river,  Chambers  street, 


OP   ELECTION   DISTRICTS.  453- 

Broadway,  Murray,  Greenwich  and  Robinson 
streets. 

The  fourth  election  district  of  the  Third  Ward  shall  Fourth  dis- 
trict. 

contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Hudson  rif  er,  Reade  street,  Broad- 
way and  Chambers  street. 

§  5.  The  Fourth  Ward  shall  be  divided  into  five  election  FourthWarcu 
districts,  the  extent   and  limits  of  which  said  election  dis- 
tricts shall  be  as  follows: 

The  first  election  district  of  the  Fourth  Ward  shall  ^t  district, 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Chatham,   Duane,  Rose,   Frankfort, 
and  Dover  streets,  East  river,  Peck  slip,  Ferry, 
Gold  and  Spruce  streets. 

The  second  election  district  of  the  Fourth  Ward  shall  Snd  di3"  ' 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Rose,  Duane,  Chatham,  Roosevelt, 
Madison    and   Pearl  streets,  New  Bowery  and 
Frankfort  streets. 

The  third  election  district  of  the  Fourth  Ward  shall Third  distrlci 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  New  Bowery,   Pearl,   Madison  and 
Roosevelt  streets,  East  river  and  Dover  street. 

The  fourth  election  district  of  the  Fourth  Ward  shall  £?cutrth  <"*- 
contain  all  that  part  of  the  city  bounded  by  and 
lying   within   Oak  and    Catharine  streets,   East 
river  and  Roosevelt  street. 

The  fifth  election  district  of  the  Fourth  Ward  shall  Fifth  district, 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Roosevelt,  Chatham,  Catharine  and 
Oak  streets. 


454 


OF   ELECTION   DISTRICTS. 


Second  dis- 
trict. 


Third  district 


mail  ward.  §  6.  The  Fifth  Ward  shall  be  divided  into  six  election 
districts,  the  extent  and  limit  of  which  said  election  dis- 
tricts shall  be  as  follows  : 

First  district.  The  first  election  district  of  the  Fifth  Ward  shall  con- 
tain all  that  pfart  of  the  city  bounded  by  and 
lying  within  West  Broadway,  Franklin  street, 
Broadway  and  Reade  street. 

The  second  election  district  of  the  Fifth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Franklin,  Yarick  and  Beach  streets, 
West  Broadway,  Canal  street  and  Broadway. 

The  third  election  district  of  the  Fifth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Hudson  river,  Harrison,  Hudson  and 
Worth  streets,  West  Broadway  and  Reade  street. 

The  fourth  election  district  of  the  Fifth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Hudson  river,  Beach, Hudson,  North 
Moore,  Varick  and  Franklin  streets,  West  Broad- 
way, Worth,  Hudson  and  Harrison  streets. 

The  fifth  election  district  of  the  Fifth  Ward  shall  con- 
tain all  that  part  of  the  city  bounded  by  and 
lying  within  Hudson  river,  Vestry,  Hudson, 
Laight  and  Canal  streets,  West  Broadway,  Beach, 
Varick,  North  Moore,  Hudson  and  Beach  streets. 

sixth  district.  The  sixth  election  district  of  the  Fifth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Hudson  river,  Canal,  Laight,  Hudson 
and  Vestry  streets. 

sixth  ward.  §  7.  The  Sixth  Ward  shall  be  divided  into  eight  election 
districts,  the  extent  and  limit  of  which  said  election  dis- 
tricts shall  be  as  follows  : 


Fourth  dis- 
trict. 


OP   ELECTION   DISTRICTS.  455 

The  first  election  district  of  the  Sixth  Ward  shall  First  district. 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Broadway,   Chambers  and  Chatham 
streets. 

The  second  election  district  of  the  Sixth  Ward  shall  gj»nd  <us- 
contain  all  that  part  of  the  city  bounded  by  and 
lying   within    Broadway,   Pearl,    Chatham    and 
Chambers  streets. 

The  third  election  district  of  the  Sixth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Broadway,  Franklin,  Centre  and 
Pearl  streets. 

The  fourth  election  district  of  the  Sixth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Centre,  Franklin,  Bayard,  Mulberry, 
Park  and  Worth  streets. 

The  fifth  election  district  of  the  Sixth  Ward  shall  mh  district. 
contain  all  that  part  of  the  city  bounded  by  and 
lying   within    Centre,  Worth,    Park,   Mulberry, 
Chatham  and  Pearl  streets. 

The  sixth  election  district  of  the  Sixth  Ward  shall  ^district, 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Mulberry  and  Bayard  streets,  Bowe- 
ry and  Chatham  streets. 

The  seventh  election  district  of  the  Sixth  Ward  shall  seventh  dis- 
trict. 

contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Broadway,  Canal,  Baxter  and  Frank- 
lin streets. 

The  eighth  election  district  of  the  Sixth  Ward  shall  Eighth    dis- 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Baxter  and  Canal  streets,  Bowery 
and  Bayard  street. 


456 


OF   ELECTION   DISTRICTS. 


First  district. 


Second  dis- 
trict. 


Third  district 


Fourth  dis- 
trict. 


Fifth  district. 


Sixth  district 


Seventh  dis- 
trict. 


§  8.  The  Seventh  Ward  shall  be  divided  into  nine  elec- 
tion districts,  the  extent  and  limits  of  which  said  election 
districts  shall  be  as  follows  : 

The  first  election  district  of  the  Seventh  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Division,  Market,  Henry  and  Catha- 
rine streets. 

The  second  election  district  of  the  Seventh  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Henry,  Market,  Monroe  and  Catha- 
rine streets. 

The  third  election  district  of  the  Seventh  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Monroe  and  Pike  streets,  East  river 
and  Catharine  street. 

The  fourth  election  district  of  the  Seventh  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Division,  Pike,  Monroe  and  Market 
streets. 

The  fifth  election  district  of  the  Seventh  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Madison  and  Clinton  streets,  East 
river  and  Pike  street. 

The  sixth  election  district  of  the  Seventh  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Division,  Clinton,  Madison  and  Pike 
streets. 

The  seventh  election  district  of  the  Seventh  Ward 
shall  contain  a?l  that  part  of  the  city  bounded  by 
and  lying  within  Division,  Gouverneur,  Monroe 
and  Scammel  streets,  East  river  and  Clinton 
street. 


OP   ELECTION"   DISTRICTS.  40  / 

The  eighth  election  district  of  the  Seventh  Ward  shall  Eighth  dis- 
trict. 

contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Cherry  street,  East  river  and  Scam- 
mel  street. 

The  ninth  election  district  of  the  Seventh  Ward  shall  roam  district 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Division  and  Grand   streets,   East 
river,  Cherry,  Scammel,  Monroe  and  Gouverneur 
streets. 

§  9.  The  Eighth  Ward  shall  be  divided  into  eleven  elec-  Eighth  ward. 
tion  districts,  the  extent  and  limits  of  which  said  election 
districts  shall  be  as  follows  : 

The  first  election  district  of  the  Eighth  Ward  shall  First  district, 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Spring  street,  Broadway.  Canal  and 
Wooster  streets. 

The  second  election  district  of  the  Eighth  Ward  shall  ^nd  dis- 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Spring,  Wooster,  Canal  and  Sulli- 
van streets. 

The  third  election  district  of  the  Eighth  Ward  shall  TWrdviistrict 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Spring,  Sullivan,  Canal  and  Yarick 
streets. 

The  fourth  election  district  of  the  Eighth  Ward  shall  Fourth  <us- 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Spring,  Varick,  Canal  and  Hudson 
streets. 

The  fifth  election  district  of  the  Eighth  Ward  shall  ^  district. 
contain  all  that  part  of  the  city  bounded  by  and    • 
lying  within  Spring,  Hudson  and   Canal  streets 
and  Hudson  river, 
30 


458 


OF   ELECTION  DISTRICTS. 


Sixth  district 


Seventh  dis- 
trict. 


Eighth  dis- 
trict. 


Ninth  district 


The  sixth  election  district  of  the  Eighth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Houston  street,  Broadway,  Spring 
and  Wooster  streets. 

The  seventh  election  district  of  the  Eighth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Houston,  Wooster,  Spring  and  Sulli- 
van streets. 

The  eighth  election  district  of  the  Eighth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Charlton,  Prince,  Sullivan,  Spring 
and  Hudson  streets. 

The  ninth  election  district  of  the  Eighth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Hamersley.,  Houston,  Sullivan, 
Prince,  Charlton  and  Hudson  streets. 

The  tenth  election  district  of  the  Eighth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Charlton,  Hudson  and  Spring  streets 
and  Hudson  river. 

The  eleventh  election  district  of  the  Eighth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Hamersley,  Hudson  and  Charl- 
ton streets  and  Hudson  river. 

Ninth  ward.  §  10.  The  Ninth  Ward  shall  be  divided  into  twelve  elec- 
tion districts,  the  extent  and  limits  of  which  said  election 
districts  shall  be  as  follows  : 

First;District.  The  first  election  district  of  the  Ninth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Christopher,  Hudson  and  Hamersley 
streets  and  the  Hudson  river, 


Tenth  district 


Eleventh  dis- 
trict. 


OP  ELECTION   DISTRICTS.  459 


The  second  election  district  of  the  Ninth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Hudson,  Christopher,  Bedford  and 
Hamersley  streets. 

The  third  election  district  of  the  Ninth  Ward  shall  mrd  distria 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Bedford,   Christopher  and   Fourth 
streets,   Sixth    avenue,    Carmine   and    Blcecker 
streets  and  Cottage  place. 

The  fourth  election  district  of  the  Ninth  Ward  shall  £°cutrtb  ^ 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Fourth  and   Charles  streets,  Green- 
wich avenue,  West  Tenth  street  and  Sixth  avenue. 

The  fifth  election  district  of  the  Ninth  Ward  shall  Fifth  district. 
contain  all  that  part  of  the  city  bounded  by  and 
lying   within    Greenwich   and   Eighth   avenues, 
Fourteenth  street,  Sixth  avenue  and  West  Tenth 
street. 

The  sixth  election  district  of  the  Ninth  Ward  shall  sixth  district. 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Bleecker,   Christopher,  Fourth  and 
Charles  streets,  Greenwich  avenue  and  Hammond 
street. 


The  seventh  election  district  of  the  Ninth  Ward  shall  *c™ih  dis* 

trict. 

contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Bleecker  and  Hammond  streets, 
Greenwich  and  Eighth  avenues. 

The  eighth  election  district  of  the  Ninth  Ward  shall  ggjh  d:s' 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Fourteenth  street,  Eighth  avenue, 
Horatio  street  and  Hudson  river, 


460 


OF   ELECTION   DISTRICTS. 


Ninth  district 


Tenth  district 


The  ninth  election  district  of  the  Ninth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Horatio  street,  Eighth  avenue,  Troy 
street  and  the  Hudson  river. 

The  tenth  election  district  of  the  Ninth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Troy  street,  Eighth  avenue,  Bleecker 
and  Hammond  streets  and  the  Hudson  river. 

The  eleventh  election  district  of  the  Ninth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Hammond,  Bleecker  and  Charles 
streets  and  the  Hudson  river. 

The  twelfth  election  district  of  the  Ninth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Charles,  Bleecker  and  Christopher 
streets  and  the  Hudson  river. 

Tenth  ward.  §11.  The  Tenth  Ward  shall  be  divided  into  six  elec- 
tion districts,  the  extent  and  limits  of  which  said  election 
districts  shall  be  as  follows  : 


Eleventh  dis- 
trict. 


Twelfth  dis- 
trict. 


First  district. 


Second  dis- 
trict. 


Third  district 


The  first  election  district  of  the  Tenth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Eivington,  Forsyth,  Delancey,  Eld- 
ridge  and  Grand  streets  and  Bowery. 

The  second  election  district  of  the  Tenth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Eivington,  Ludlow,  Delancey,  Orch- 
ard, Grand,  Eldridge,  Delancey  and  Forsyth 
streets. 

The  third  election  district  of  the  Tenth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Rivington,  Norfolk,  Grand,  Orchard, 
Delancey  and  Ludlow  streets, 


OF   ELECTION   DISTRICTS.  461 

The  fourth  election  district  of  the  Tenth  Ward  shall  Fourth  dis- 
trict. 
contain  all  that  part  of  the  city  bounded  by  and 

lying  within  Grand,  Norfolk,  Division  and  Orch- 
ard streets. 

The  fifth  election  district  of  the  Tenth  Ward  shall  Fiflh  ^Iict- 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Grand,  Orchard,  Canal,  Forsyth  and 
Hester  streets  and  Bowery. 

The  sixth  election  district  of  the  Tenth  Ward  shall  sixth  district 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within   Hester,   Forsyth,   Canal,    Orchard 
and  Division  streets  and  Bowery. 

§  12.  The  Eleventh  Ward  shall  be  divided  into  twelve  Eleventh 
election  districts,  the  extent  and  limits  of  which  said  elec- 
tion districts  shall  be  as  follows  : 

The  first  election  district  of  the  Eleventh  Ward  shall  First  district. 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Houston,  Pitt,  Stanton,  Ridge,  Riv- 
ino;ton  and  Clinton  streets. 


o 


The  second  election  district  of  the  Eleventh  Ward  second  <HS- 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying    within  Houston,   Sheriff,   Rivington, 
Ridge,  Stanton  and  Pitt  streets. 

The  third  election  district  of  the  Eleventh  Ward  shall  Third  dis- 
trict. 

contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Houston.  Cannon,  Rivington  and 
Sheriff  streets. 

The  fourth  election  district  of  the  Eleventh  Ward  Fourth  dis- 

trict 

shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Houston  street  and  East  river, 
Rivington  and  Cannon  streets. 


462 

Fifth  district. 


Sixth  district. 


Seventh  dis- 
trict. 


Eighth    dis- 
trict. 


Ninth  district 


Tenth  district 


Eleventh  dis- 
trict. 


Twelfth   dis- 
trict. 


OF  ELECTION  DISTRICTS. 

The  fifth  election  district  of  the  Eleventh  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Fifth  street,  Avenue  C,  Houston 
street  and  Avenue  B. 

The  sixth  election  district  of  the  Eleventh  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Ninth  street,  Avenue  C,  Fifth  street 
and  Avenue  B. 

The  seventh  election  district  of  the  Eleventh  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Eleventh  street,  Avenue  D, 
Ninth  street  and  Avenue  B. 

The  eighth  election  district  of  the  Eleventh  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Fourteenth  street,  East  river, 
Eleventh  street  and  Avenue  B. 

The  ninth  election  district  of  the  Eleventh  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Fifth  street,  Avenue  D,  Houston 
street  and  Avenue  C. 

The  tenth  election  district  of  the  Eleventh  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Ninth  street,  Avenue  D,  Fifth  street 
and  Avenue  C. 

The  eleventh  election  district  of  the  Eleventh  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Eleventh  street,  East  river, 
Fifth  street  and  Avenue  D. 

The  twelfth  election  district  of  the  Eleventh  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Fifth  street,  East  river,  Houston 
street  and  Avenue  D. 


OF   ELECTION  DISTRICTS.  463 

§  13.  The  Twelfth  Ward  shall  be  divided  into  five  elec-  Twelfth  ward 
tion  districts,  the  extent  and  limits  of  which  said  election 
districts  shall  be  as  follows  : 

The  first  election  district  of  the  Twelfth  Ward  shall  First  district. 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  One  hundred  and  twentieth  street, 
Fifth   avenue,    Eighty-sixth  street    and  Hudson 
river. 

The  second  election  district  of  the  Twelfth  Ward  shall  second  dis- 

trict. 

contain  all  that  part  of  tht?  city  bounded  by  and 
lying  within  One  hundred  and  twentieth  street, 
East  river,  Eighty-sixth  street  and  Fifth  avenue, 
including  Ward's  Island  in  the  East  river,  be- 
longing to  the  city,  and  within  its  jurisdiction. 

The  third  election  district  of  the  Twelfth  Ward  shall  Third  district 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  One  hundred  and  forty-fourth  street, 
Harlem  river,  One  hundred  and  twentieth  street 
and  Sixth  avenue,  including  Randall's  Island  in 
the  East  river,  belonging  to  the  city,  and  under 
its  jurisdiction. 

The  fourth  election  district  of  the  Twelfth  Ward  shall  Fourth  dis 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  One  hundred  and  forty-fourth  street, 
Sixth  avenue,  One  hundred  and  twentieth  street 
and  Hudson  river. 

The  fifth  election  district  of  the  Twelfth  Ward  shall  imh  district. 
contain  all  that  part  of  the  city  bounded  by  and 
lying   within   Spuyten    Duyvel    Creek,    Harlem 
river,  One  hundred  and  forty-fourth  street  and 
Hudson  river. 

*    §  14.  The  Thirteenth  Ward  shall  be  divided  into  seven  wlrdeenth 
election  districts,  the  extent  and  limits  of  which  said  elec- 
tion districts  shall  be  as  follows  : 


461 


OF  ELECTION   DISTRICTS. 


Second  dis- 
trict. 


Third  district 


Fourth  dis- 
trict. 


First  district.  The  first  election  district  of  the  Thirteenth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Riving  ton,  Clinton,  Grand  and 
Norfolk  streets. 

The  second  election  district  of  the  Thirteenth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Rivington,  Ridge,  Division  and 
Clinton  streets. 

The  third  election  district  of  the  Thirteenth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Rivington.  Willett,  Grand,  Di- 
vision and  Ridge  streets. 

The  fourth  election  district  of  the  Thirteenth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Rivington,  Columbia,  Grand 
and  Willett  streets. 

The  fifth   election  district  of  the  Thirteenth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by  * 
and  lying  within  Rivington,   Goerck,  Grand  and 
Columbia  streets. 

The  sixth  election  district  of  the  Thirteenth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Rivington  street.  East  river, 
Grand  and  Goerck  streets. 

The  seventh  election  district  of  the  Thirteenth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Grand,  Clinton,  Division  and 
Norfolk  streets. 

§  15.  The  Fourteenth  Ward  shall  be  divided  into  seven 
election  districts,  the  extent  and  limits  of  which  said  elec- 
tion districts  shall  be  as  follows  : 


Fifth  district 


Sixth  district 


Seventh  dis- 
trict. 


Fourteenth 
Ward. 


OP  ELECTION  DISTRICTS.  465 

The  first  election  district  of  the  Fourteenth  Ward  First  district. 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Spring,  Mulberry,  Grand  streets 
and  Broadway. 

The  second  election  district  of  the  Fourteenth  Ward  second  dis- 
trict. 

shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Houston,  Mulberry,  Spring 
street  and  Broadway. 

The  third  election  district  of  the  Fourteenth  Ward  Third  district 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Spring  street,  Bowery,  Grand 
and  Mulberry  streets. 

The  fourth  election  district  of  the  Fourteenth  Ward  Fourth  dis- 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Prince  street,  Bowery,  Spring 
and  Mulberry  streets. 

The  fifth  election  district  of  the  Fourteenth  Ward  Fifth  district. 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Houston  street,  Bowery,  Prince 
and  Mulberry  streets. 

The  sixth  election  district  of  the  Fourteenth  Ward  sixth  district 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Grand,  Mulberry,  Canal  street 
and  Broadway. 

The  seventh  election  district  of  the  Fourteenth  Ward  seventh  dis- 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Grand  street,   Bowery,  Canal 
and  Mulberry  streets. 


§  16.  The  Fifteenth  Ward   shall  be   divided  into    ten  Fifteenth 
ction  districts,  the  extent  and  ] 
tion  districts  shall  be  as  follows  : 


election  districts,  the  extent  and  limits  of  which  said  elec-  Wl 


466 

First  district. 


Second  dis- 
trict. 


Third  district 


Fourth   dis- 
trict. 


Fiftli  district 


Sixth  district 


Seventh  dis- 
trict. 


Eighth  dis- 
trict. 


OP  ELECTION  DISTRICTS. 

The  first  election  district  of  the  Fifteenth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Houston,  Hancock,  Bleecker  and 
Carmine  streets  and  Sixth  avenue,  Fourth,  Thomp- 
son, Amity  and  Sullivan  streets. 

The  second  election  district  of  the  Fifteenth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Houston,  Sullivan,  Amity, 
Thompson,  Fourth  and  Wooster  streets. 

The  third  election  district  of  the  Fifteenth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Houston,  Wooster  and  Fourth  streets 
and  Broadway. 

The  fourth  election  district  of  the  Fifteenth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Fourth  street,  Sixth  avenue, 
Tenth  street  and  University  place. 

The  fifth  election  district  of  the  Fifteenth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Tenth  street,  Sixth  avenue,  Twelfth 
street  and  University  place. 

The  sixth  election  district  of  the  Fifteenth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Eighth  street,  University  place, 
Fourteenth  street  and  Broadway. 

The  seventh  election  district  of  the  Fifteenth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Fourth,  Wooster  and  Eighth 
streets  and  Broadway. 

The  eighth  election  district  of  the  Fifteenth  Ward, 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Houston  street,  Broadway 
Fourth  street  and  the  Bowery. 


OF  ELECTION   DISTRICTS.  4G7 

The  ninth  election  district   of  the  Fifteenth  Ward  Ninth  district 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Fourth  street,  Broadway,  Four- 
teenth street,  Fourth  avenue  and  the  Bowery. 

The  tenth  election  district  of  the  Fifteenth  Ward  shall  Tenth  district 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Twelfth  street,  Sixth  avenue,  Four- 
teenth street  and  University  place. 

$17.  The  Sixteenth   Ward    shall  be  divided  into  ten  sixteenth 

Ward. 

election  districts,  the  extent  and  limits  of  which  said  elec- 
tion districts  shall  be  as  follows  : 

The  first  election  district  of  the  Sixteenth  Ward  shall  n«t  district. 
contain  all  that  part  of  the  city  bounded  by  and 
lying   within   Sixteenth  street,   Seventh  avenue, 
Seventeenth   street,    Sixth    avenue,    Fourteenth 
street  and  Eighth  avenue. 

The  second  election  district  of  the  Sixteenth  Ward  second  dis- 
trict. 

shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Nineteenth  street,  Sixth  avenue, 
Seventeenth  street,  Seventh  avenue,  Sixteenth 
street  and  Eighth  avenue. 

The  third  election    district  of   the   Sixteenth  Ward  Third  district 
shall  contain  all  that  part  of  the  city  bounded  by 
and   lying   within   Twenty-second   street,    Sixth 
avenue,  Nineteenth  street  and  Eighth  avenue. 

The  fourth  election  district  of  the   Sixteenth  Ward  fr™rth  dis- 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Twenty-sixth  street,  Sixth  ave- 
nue, Twenty- second  street,  Eighth  avenue,  Twen- 
ty-fourth street  and  Seventh  avenue. 


468 


OP  ELECTION   DISTRICTS. 


Fifth  district. 


Sixth  district. 


Seventh  dis- 
trict. 


Eighth  dis- 
trict. 


Ninth  district 


Tenth  district 


Seventeenth 
Ward. 


First  district. 


The  fifth  election  district  of  the  Sixteenth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Twenty-sixth  street,  Seventh  avenue, 
Twenty-fourth  street,  Eighth  avenue,  Twenty-third 
street  and  Ninth  avenue. 

The  sixth  election  district  of  the  Sixteenth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Twentieth  street,  Eighth  avenue, 
Fourteenth  street  and  Ninth  avenue. 

The  seventh  election  district  of  the  Sixteenth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Twentieth  street,  Ninth  avenue, 
Fourteenth  street  and  Tenth  avenue. 

The  eighth  election  district  of  the  Sixteenth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Twentieth  street,  Tenth  avenue, 
Fourteenth  street  and  Eleventh  avenue. 

The  ninth  election  district  of  the  Sixteenth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Twenty-third  street,  Eighth  avenue, 
Twentieth  street  and  Eleventh  avenue. 

The  tenth  election  district  of  the  Sixteenth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Twenty-sixth  street,  Ninth  avenue, 
Twenty-third  street  and  Eleventh  avenue. 

§  18.  The  Seventeenth  Ward  shall  be  divided  into  four- 
teen election  districts,  the  extent  and  limits  of  which  said 
election  districts  shall  be  as  follows  : 

The  first  election  district  of  the  Seventeenth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Houston,  Eldridge  and  Riving- 
ton  streets  and  the  Bowery. 


OF  ELECTION  DISTRICTS.  469 

The  second  election  district  of  the  Seventeenth  Ward  second  dis- 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Houston,  Essex.  Rivington  and 
Eldridge  streets. 

The  third  election  district  of  the  Seventeenth  Ward  Third  district 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Houston,    Clinton,  Eivington 
and  Essex  streets. 

The  fourth  election  district  of  the  Seventeenth  Ward  Feurth  ais- 

trict. 

shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Third  street,  First  avenue, 
Houston  street  and  the  Bowery. 

The  fifth  election  district  of  the  Seventeenth  Ward  ruth  district. 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Sixth  street,  First  avenue,  Third 
street,  Bowery  and  Third  avenue. 

The  sixth  election  district  of  the  Seventeenth  Ward  sixth  district 
.  shall  contain  all  that  part  of  the  city  bounded  by 
and- lying  within  Ninth  street,  First  avenue,  Sixth 
street  and  Fourth  avenue. 

The  seventh  election  district  of  the  Seventeenth  Ward  g£tnth  di3" 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Fourteenth  street,  Second  ave- 
nue, Ninth  street  and  Fourth  avenue. 

The  eighth  election  district  of  the  Seventeenth  Ward  Eighth  dis- 
trict. 

shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Fourteenth  street,  First  avenue, 
Ninth  street  and  Second  avenue. 

The  ninth  election  district  of  the  Seventeenth  Ward  Ninth  district 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Fourteenth  street,  Avenue  A, 
Ninth  street  and  First  avenue, 


470 


OF  ELECTION  DISTRICTS. 


Tenth  district 


Eleventh  dis- 
trict. 


Twelfth  dis- 
trict. 


Thirteenth 
district. 


Fourteenth 
district. 


Eighteenth 
Ward. 


First  district. 


Second  dis- 
trict, 


The  tenth  election  district  of  the  Seventeenth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Ninth  street,  Avenue  A,  Fourth 
street  and  First  avenue. 

The  eleventh  election  district  of  the  Seventeenth  Ward 
t       shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Fourth  street,  Avenue  A,  Hous- 
ton street  and  First  avenue. 

The  twelfth  election  district  of  the  Seventeenth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Fourth  street,  Avenue  B,  Hous- 
ton street  and  Avenue  A. 

The  thirteenth  election  district  of  the  Seventeenth 
Ward  shall  contain  all  that  part  of  the  city 
bounded  by  and  lying  within  Eleventh  street, 
Avenue  B,  Fourth  street  and  Avenue  A. 

The  fourteenth  election  district  of  the  Seventeenth 
Ward  shall  contain  all  that  part  of  the  city 
bounded  by  and  lying  within  Fourteenth  street, 
Avenue  B,  Eleventh  street  and  Avenue  A. 

§  19.  The  Eighteenth  Ward  shall  be  divided  into  ten 
election  districts,  the  extent  and  limits  of  which  said  elec- 
tion districts  shall  be  as  follows  : 

The  first  election  district  of  the  Eighteenth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Nineteenth  street,  Broadway, 
Fourteenth  street  and  Sixth  avenue. 

The  second  election  district  of  the  Eighteenth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Nineteenth  street,  Third  avenue, 
Fourteenth  street  and  Broadway, 


OP  ELECTION  DISTRICTS.  471 

The  third  election  district  of  the  Eighteenth  Ward  Third  district 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Nineteenth  street,  First  avenue, 
.    Fourteenth  street  and  Third  avenue. 

The  fourth  election  district  of  the  Eighteenth  Ward  Fourth  dia- 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Seventeenth  street,  East  river, 
Fourteenth  street  and  First  avenue. 

The  fifth   election  district  of  the  Eighteenth  Ward  Fifth  district. 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Twenty-sixth  street,  Fifth  ave- 
nue,   Broadway,  Nineteenth  street    and    Sixth 
avenue. 

The  sixth  election  district  of  the  Eighteenth  Ward  sixth  district 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Twenty-sixth  street,  Fourth  ave- 
nue,   Nineteenth    street,    Broadway    and  Fifth 
avenue. 

The  seventh  election  district  of  the  Eighteenth  Ward  seventh  dig- 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Twenty-sixth  street,  Third  ave- 
nue, Nineteenth  street  and  Fourth  avenue. 

The  eighth  election  district  of  the  Eighteenth  Ward  Eighth  dis- 
shall  contain  all  that  part  of  the  city  bounded  by 
and   lying  within   Twenty-sixth   street,   Second 
avenue,  Twenty-second  street,  First  avenue,  Nine- 
teenth street  and  Third  avenue. 

The  ninth  election  district  of  the  Eighteenth  Ward  Ninth  district 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Twenty  sixth   street  and  the 
East  river,  Twenty-second    street  and    Second 
avenue.. 


472 


OF   ELECTION   DISTRICTS, 


Nineteenth 
Ward. 


First  district. 


Second  dis- 
trict. 


Third  district 


Tenth  district  The  tenth  election  district  of  the  Eighteenth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Twenty-second  street  and  East 
river,  Seventeenth  street  and  First  avenue. 

§  20.  The  Nineteenth  Ward  shall  be  divided  into  five 
election  districts,  the  extent  and  limits  of  which  election 
districts  shall  be  as  follows  : 

The  first  election  district  of  the  Nineteenth  Ward  shall 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Fifty-second  street,  Third  avenue, 
Fortieth  street  and  Sixth  avenue. 

The  second  election  district  of  the  Nineteenth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Fifty-second  street,  East  river, 
Fortieth  street  and  Third  avenue. 

The  third  election  district  of  the  Nineteenth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Sixty-eighth  street,  East  river, 
Fifty-second  street  and  Sixth  avenue,  including 
BlackwelPs  Island  (in  the  East  river)  belonging 
to  the  city,  and  within  its  jurisdiction. 

The  fourth  election  district  of  the  Nineteenth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Eighty-sixth  street,  Third  avenue, 
Sixty-eighth  street  and  Sixth  avenue. 

The  fifth  election  district  of  the  Nineteenth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Eighty  sixth  street,  East  river, 
Sixty-eighth  street  arid  Third  avenue. 

§  21.  The  Twentieth  Ward  shall  be  divided  into  twelve 
election  districts,  the  extent  and  limits  of  which  said  elec- 
tion districts  shall  be  as  follows  ; 


Fourth  dis- 
trict. 


Fifth  district 


Twentieth  ! 
Ward. 


OF   ELECTION   DISTRICTS.  473 

The  first  election  district  of  the  Twentieth  Ward  shall  Fi«*  ^strict. 
contain  all  that  part  of  the  city  bounded  by  and 
lying    within   Hudson    river   and    Twenty  sixth 
street.  Tenth  avenue  and  Thirtieth  street. 

The  second  election  district  of  the  Twentieth  Ward  ^?nd  dis' 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying   within  {Hudson  river  and  Thirtieth 
street,  Tenth  avenue  and  Fortieth  street. 

The  third  election   district  of  the  Twentieth  Ward  Third  district 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within   Twenty-sixth  street  and  Tenth 
•   avenue,  Twenty-eighth  street  and  Eighth  avenue. 

The  fourth   election  district  of  the  Twentieth  Ward  ^[th  dis- 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Twenty-eighth  street  and  Tenth 
avenue,  Thirty-first  street  and  Eighth  avenue. 

The  fifth  election  district  of  the  Twentieth  Ward  shall Fifth  district- 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Thirty-first  street  and  Tenth  avenue, 
Thirty-fourth  street  and  Eighth  avenue. 

The  sixth  election  district  of  the  Twentieth  Ward  shall Sixtlidi8trict- 
contain  all  that  part  of  the  city  bounded  by  and 
lying  within  Thirty-fourth  street  and  Tenth  ave- 
nue. Thirty- seventh  street  and  Eighth  avenue. 

The  seventh  election  district  of  the  Twentieth  Ward  s™*  **- 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Thirty-seventh  street  and  Tenth 
avenue,  Fortieth  street  and  Eighth  avenue. 

The  eighth   election  district  of  the  Twentieth  Ward  Eighth  dis- 
shall  contain  all  that  part  of  the  city  bounded  by  '*' 
and  lying  within  Twenty-sixth  street  and  Eighth 
avenue.  Twenty-ninth  street  and  Sixth  avenue. 
31 


474 


OF   ELECTION   DISTRICTS. 


Ninth  district 


Tenth  district 


The  ninth  election  district  of  the  Twentieth  Ward 
shall  contain  ail  that  part  of  the  city  bounded  by 
and  lying  within  Twenty-ninth  street  and  Eighth 
avenue,  Thirty-first  street  and  Sixth  avenue. 

The  tenth  election  district  of  the  Twentieth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Thirty-first  street  and  Eighth 
avenue,  Thirty-third  street  and  Sixth  avenue. 

The  eleventh  election  district  of  the  Twentieth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Thirty-third  street  and  Eighth 
avenue,  Thirty-sixth  street  and  Sixth  avenue. 

The  twelfth  election  district  of  the  Twentieth  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Thirty-sixth  street  and  Eighth 
avenue,  Fortieth  street  and  Sixth  avenue. 

Twenty-first  §  22.  The  Twenty-first  Ward  shall  be  divided  into  seven 
election  districts,  the  extent  and  limits  of  which  said  elec- 
tion districts  shall  be  as  follows  : 


Eleventh  dis- 
trict. 


Twelfth  dis- 
trict. 


First  district. 


Second  dis- 
trict. 


Third  district 


The  first  election  district  of  the  Twenty-first  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Thirtieth  street,  Fourth  avenue, 
Twenty-sixth  street  and  Sixth  avenue. 

The  second  election  district  of  the  Twenty-first  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Twenty-ninth  street,  East  river, 
Twenty-sixth  street  and  Fourth  avenue. 

The  third  election  district  of  the  Twenty-first  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Thirty- fourth  street,  Fourth 
avenue,  Thirtieth  street  and  Sixth  avenue. 


OF   ELECTION    DISTRICTS.  475 

The  fourth  election  district  of  the  Twenty-first  Ward  Fourth  dia- 

J  trict. 

shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Thirty-second  street,  East  river, 
Twenty-ninth  street  and  Fourth  avenue. 

The  fifth  election  district  of  the  Twenty-first  Ward  Fiftb  district> 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Fortieth  street,  Lexington  ave- 
nue, Thirty-fifth  street,  Fourth  avenue,  Thirty- 
fourth  street  and  Sixth  avenue. 

The  sixth  election  district  of  the  Twenty-first  Ward  ann district, 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Thirty-fifth  street,  East  river, 
Thirty-second  street  and  Fourth  avenue. 

The  seventh  election  district  of  the  Twenty-first  Ward  Snthdis- 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Fortieth  street,  East  river,  Thir- 
ty-fifth street  and  Lexington  avenue. 

§  23.  The  Twenty-second  Ward  shall  be  divided  into  Twenty-sec- 
ond ward. 

eight  election  districts,  the  extent  and  limits  of  which  said 
election  districts  shall  be  as  follows  : 

The  first  election  district  of  the  Twenty-second  Ward  First  district, 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Forty-fourth  street  Sixth  ave- 
nue, Fortieth  street  and  Ninth  avenue. 

The  second  election  district   of  the  Twenty-second  g£°nd  <ua. 
Ward   shall   contain   all   that  part  of  the  city 
bounded  by  and  lying  within  Forty-ninth  street, 
Sixth   avenue,    Forty-fourth    street   and   Ninth 
avenue. 

The  third  election  district  of  the  Twenty-second  Ward  Third  district 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Fifty -sixth  street,  Sixth  avenue, 
Forty-ninth  street  and  Ninth  avenue. 


476 


OF   ELECTION   DISTRICTS. 


Fourth  dis- 
trict. 


Fifth  district 


Sixth  district 


Seventh  dis- 
trict. 


Eighth  dis- 
trict. 


First  Aider- 
Set.10      te~ 


manic      Dis- 


The  fourth  election  district  of  the  Twenty-second 
Ward  shall  contain  all  that  part  of  the  city  bound- 
ed by  and  lying  within  Forty-fourth  street,  Ninth 
avenue,  Fortieth  street  and  Hudson  river. 

The  fifth  election  district  of  the  Twenty-second  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Forty-ninth  street,  Ninth  ave- 
nue, Forty-fourth  street  and  Hudson  river. 

The  sixth  election  district  of  the  Twenty-second  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Fifty-sixth  street,  Ninth  avenue; 
Forty-ninth  street  and  Hudson  river. 

The  seventh  election  district  of  the  Twenty-second 
Ward  shall  contain  all  that  part  of  the  city  bound- 
ed by  and  lying  within  Sixty-fifth  street,  Sixth 
avenue,  Fifty-sixth  street  and  Hudson  river. 

The  eighth  election  district  of  the  Twenty-second  Ward 
shall  contain  all  that  part  of  the  city  bounded  by 
and  lying  within  Eighty-sixth  street,  Sixth  ave- 
nue, Sixty-fifth  street  and  Hudson  river. 

The  folloiving  are  the  election  districts  embraced  within  the 
seventeen  Alder  manic  districts,  respectively. 

§  24.  The  first  Aldermanic  district  contains  the  first, 
second,  third,  fourth  and  fifth  election  districts  of  the 
First  Ward  ;  the  first  and  second  districts  of  the  Second 
Ward  ;  the  first,  second  and  third  districts  of  the  Third 
Ward  ;  the  first  district  of  the  Fourth  Ward,  and  the  first 
district  of  the  Sixth  Ward. 

The  second  Aldermanic  district  contains  the  second, 
third,  fourth  and  fifth  election  districts  of  the  Fourth 
Ward,  and  the  second,  third,  fourth,  fifth  and  sixth  dis- 
tricts of  the  Sixth  Ward. 


OF  ELECTION   DISTRICTS.  477 


The  third  Aldermanic  district  contains  the  fourth  elec-  JJ^  Aider. 
tion  district  of  the   Third  Ward,  the  first,  second,  third,  «•** 
fourth,  fifth  and  sixth  districts  of  the  Fifth  Ward,  and  the 
first,  second,  third,  fourth  and  fifth  districts  of  the  Eighth 
Ward. 

The   fourth  Aldermanic   district  contains   the  seventh  FounhAider- 

manic      Dis- 

and  eighth  election  districts  of  the  Sixth  Ward;  the  first,  trict- 
second,  third,  fourth,  fifth  and  sixth  districts  of  the  Seventh 
Ward;  the  fourth,  fifth  and  sixth   districts  of  the  Tenth 
Ward;   the  seventh  district  of  the  Thirteenth  Ward,  and 
the  sixth  and  seventh  districts  of  the  Fourteenth  Ward. 

The  fifth  Aldermanic  district  contains  the  sixth,  seventh,  Fifth  Aider- 

manic     Dis- 
eighth,  ninth,  tenth  and  eleventh  election  districts  of  the  trict- 

Eighth  Ward;  the  first,  second  and  third  districts  of  the 
Ninth  Ward,  and  the  first,  second  and  third  districts  of 
the  Fifteenth  Ward. 

The  sixth  Aldermanic  district  contains  the  first,  second  sixth  Aider- 

manic      Dis- 

and  third  election  districts  of  the  Tenth  Ward;  the  first  trict 
district  of  the   Thirteenth  Ward;  the  first,  second,  third, 
fourth  and  fifth  districts  of  the  Fourteenth  Ward,  and  the 
first,  second  and  third  districts  of  the  Seventeenth  Ward. 

The  seventh  Aldermanic  district   contains  the  fourth,  seventh  AI- 

•   dermanic 

fifth,   sixth,    seventh,  eighth,    ninth,  tenth,   eleventh  and  District- 
twelfth  election  districts   of   the  Ninth  Ward,   and  the 
fourth,  fifth,  sixth  and  seventh  districts  of  the  Fifteenth 
Ward. 
The   eighth  Aldermanic  district  contains  the  seventh  Eighth  Aider- 

manic      Dis- 

eighth  and  ninth  election  districts  of  the  Seventh  Ward;  trict- 
the  first,  second,  third  and  fourth  districts  of  the  Eleventh 
Ward;  the  second,  third,  fourth,  fifth  and  sixth  districts 
of  the  Thirteenth  Ward. 

The  ninth  Aldermanic  district  contains  the  first,  second,  Ninth  Aider- 
third,  fourth,  fifth,  sixth,  seventh,  eighth,  ninth  and  tenth  trict!0 
election  districts  of  the  Sixteenth  Ward. 


478  OP   ELECTION   DISTRICTS. 

Tenth  Aider-      The  tenth  Aldermanic  district  contains  the  eighth  and 

manic      JDis- 

trict.  ninth  election  districts  of  the  Fifteenth  Ward;  the  fourth 

fifth,  sixth,  seventh,  eight,  ninth,  tenth   and  eleventh  dis- 
tricts of  the  Seventeenth  Ward. 

SrSai?cA1"  The  eleventh  Aldermanic  district  contains  the  first, 
second,  third,  fourth,  fifth,  sixth,  seventh,  eighth,  ninth, 
tenth,  eleventh  and  twelfth  election  districts  of  the  Twen- 
tieth Ward. 

SSSioA1"  The  twelfth  Aldermanic  district  contains  the  fifth, 
sixth,  seventh,  eighth,  ninth,  tenth,  eleventh  and  twelfth 
election  districts  of  the  Eleventh  Ward,  and  the  twelfth, 
thirteenth  and  fourteenth  districts  of  the  Seventeenth 
Ward. 

Thirteenth         The  thirteenth  Aldermanic  district  contains   the  first, 

Aldermamc 

second,  third,  fourth,  fifth,  sixth,  seventh  and   eighth  elec- 
tion districts  of  the  Twenty-second  Ward. 


The  fourteenth  Aldermanic  district  contains  the  first, 
second,  third,  fourth,  fifth,  sixth,  seventh,  eighth,  ninth  and 
tenth  election  districts  of  the  Eihteenth  Ward. 


A1"  The  fifteenth  Aldermanic  district  contains  the  first, 
second,  third,  fourth,  fifth,  sixth  and  seventh  election  dis- 
tricts of  the  Twenty-first  Ward. 

sixteenth  Ai-      The  sixteenth   Aldermamc   district   contains  the  first, 
District.       second,   third,   fourth  and  fifth  election  districts   of  the 
Nineteenth  Ward. 

seventeenth       The  seventeenth  Aldermanic  district  contains  the  first, 

Aldermanic 

District.       second,   third,  fourth   and  fifth  election   districts   of  the 
Twelfth  Ward. 


APPENDIX 


APPENDIX. 


OF  THE  CITY  DEBT.* 

I. — OF  '•  THE  NEW  YORK  CITY  STOCK." 
II. — OF  "  THE  WATER  STOCK  OF  THE  CITY  OP  NEW  YORK." 
III.— OF  "  THE  FIRE  LOAN  STOCK  OF  THE  CITY  OF  NEW  YORK." 
IV.— OF  "  THE  PUBLIC  BUILDING  STOCK  OF  THE  CITY  OF  NEW 

YORK." 
Y. —  Or  uTnE  FIRE  INDEMNITY  STOCK  OF  THE  CITY  OF  NEW 

YORK." 
VI.— OF  "  THE  FLOATING  DEBT  STOCK  OF  THE  CITY  OF  NEW 

YORK." 

VII.— OF  "THE  CROTON  WATER  STOCK." 
VIII.— OF  "BUILDING  LOAN  STOCK,  No.  2." 
IX. — OF  "  WASHINGTON  SQUARE  IRON  BAILING  STOCK." 
X.— OF  "  THE  WATER  STOCK  OF  THE  CITY  OF  NEW  YORK  FOR 

THE  YEAR    ONE   THOUSAND    EIGHT   HUNDRED  AND  FORTY- 
NINE." 

XL— OF  "  BUILDING  LOAN  STOCK  No.  3." 
XII.— OF  "  PUBLIC  BUILDING  STOCK  No.  3." 
XIII. — OF  "  THE  NEW  YORK  CITY  FIVE  PER  CENT.  STOCK  FOR 

DOCKS  AND  SLIPS." 

XIV. — OF  "  BUILDING  LOAN  STOCK  No.  4." 
XV. — OF  "  THE  PUBLIC  EDUCATION  STOCK  OF  THE  CITY  OF  NEW 

YORK,  FOR  THE  YEAR  1853." 
XVI.— OF  "  THE  CENTRAL  PARK  FUND." 
XVII.— OF  "THE  WATER  STOCK  OF  THE  CITY  OF  NEW  YORK..  FOR 

THE  YEAR  1854." 

XVIII.-— OF  "  THE  CENTRAL  PARK  IMPROVEMENT  FUND." 

XIX.— OF  "THE    PUBLIC    STOCK    FOR    REBUILDING     TOMPKIXS 

MARKET." 

XX. — OF  "  ASSESSMENT  BONDS." 
XXI. — OF  "  MISCELLANEOUS  DEBTS  OF  THE  CITY.'' 


*  NOTE. — It  has  been  thought  proper  to  incorporate  the  various  ordinances  relating 
to  the  various  city  stocks,  in  the  volume  of  city  ordinances,  in  the  form  of  an  appendix 
to  the  general  ordinances.  They  are  different  in  their  character  from  the  latter,  as 
they  are,  in  fact,  contracts  with  the  public,  creditor,  and  cannot  be  varied  to  his  detri- 
ment. They  are  given  in  chronological  order,  without  being  classified  by  chapters,  as 
are  the  general  ordinances. 


482  THE    NEW    YORK    CITY    STOCK. 

Of  "  The  New  York  City  Stock." 

[By  the  act  of  June  8, 1812,  6  Web.,  436,  the  Corporation  was  authorized  to  create  a 
public  fund  or  stock  not  exceeding  900,000  dollars,  to  be  denominated  "  The  New 
York  City  Stock."  Under  this  act,  the  Common  Council  passed  the  following  resolu- 
tions, &c.  Min.  Com.  C.  vol.  25,  p.  211.  For  preliminary  proceedings,  see  Ib.  p.  197.} 

The  Mayor,  Alderman  and  Commonalty  of  the  City  of  New  York 
hereby  re-affirm  the  ordinances  heretofore  passed  in  relation  to  the  city 
debt,  and  which  are  hereinafter  set  forth,  as  follows,  viz  : — 

(!N  COMMON  COUNCIL,  June  29,  1812.)     ' 

Resolved,  That  the  Finance  Committee  and  Comptroller  be  authorized 
to  publish  such  part  of  the  act  of  the  legislature,  regulating  the  finances 
of  the  city  of  New  York,  as  by  them  shall  be  deemed  proper ;  and  to 
advertise  the  opening  of  books  for  subscription  for  a  loan  of  six  hundred 
thousand  dollars  of  "  The  New  York  City  Stock,"  bearing  an  interest 
of  six  per  cent,  per  annum,  payable  quarter  yearly  ;  and  that  subscriptions 
be  received  at  the  Mechanics'  Bank,  from  the  —  day  of  July  until  the 
first  of  August  next,  unless,  previously  to  the  last-mentioned  day,  the 
whole  sum  shall  have  been  subscribed,  for  any  sums  from  one  hundred 
dollars  to  the  whole  amount  offered  for  subscriptions  ;  but  that  certificates 
be  not  issued  for  a  less  sum  than  one  hundred  dollars,  and  not  for  any 
fractions ;  therefore  the  subscriptions  must  be  made  for  hundreds  or 
thousands. 

(!N  COMMON  COUNCIL,  August  3, 1812.) 

Resolved,  That  until  the  further  orders  of  this  Board,  the  Clerk  of  the 
Common  Council  countersign  the  certificates  of  the  City  Stock,  issued 
by  this  Corporation. 


A  Law  prescribing  the  form  of  certificates  for  "  The  New  York  City 
Stock,"  and  for  other  purposes.     (Passed  September  28,  1812.) 
Be  it  ordained  by  the  Mayor,  Aldermen  and  Commonalty  of  the  city  of  Neio 

York,  in  Common  Council  convened: 

That  the  certificates  for  "  The  New  York  City  Stock,"  which  shall 
be  issued  under  and  by  virtue  of  the  act  of  the  legislature  of  the  state  of 
New  York,  entitled  "  An  act  to  regulate  the  finances  of  the  city  of  New' 
York,"  passed  June  the  eighth,  one  thousand  eight  hundred  and  twelve, 
shall  be  signed  by  the  Comptroller  and  countersigned  by  the  Clerk  of 
the  Common  Council,  and  shall  be  in  the  form  following,  that  is  to  say  : 


THE    NEW    YORK    CITY    STOCK.  483 

"  Be  it  known  that  there  is  due  from  the  Mayor,  Aldermen  and  Com- 
monalty of  tne  city  of  New  York,  unto or 

assigns,  the  sum  of dollars,  New  York  City  Stock,  bearing 

interest  at  —  per  cent,  per  annum,  from  the r day  of 

inclusive,  payable  quarter  yearly,  and  the  principal  sum  payable 

on  or  after  the .     This  stock  is  created  by  virtue  of  an 

act  of  the  legislature  of  the  state  of  New  York,  entitled  '  An  act  to  regulate 
the  finances  of  the  city  of  New  York,'  passed  the  8th  day  of  June,  1812; 

and  by  a  resolution  of  the  Corporation,  passed  the  day  of , 

1812 :  which,  debt  is  recorded  in  the  Comptroller's  office,  and  transferable 
only  by  appearance  m  person,  or  by  attorney,  at  said  office,  according  to 
the  rules  and  forms  instituted  for  that  purpose." 

(!N  COMMON  COUNCIL,  November  30,  1812.) 

Resolved,  That  the  Comptroller  be  authorized,  under  the  direction  of 
the  Finance  Committee,  to  open  the  books  for  subscription  to  the  New 
York  City  Stock,  for  the  sum  of  one  hundred  thousand  dollars,  at  an 
interest  not  exceeding  six  per  cent  per  annum,  payable  quarter  yearly.* 

(!N  COMMON  COUNCIL,  June  30,1817.) 

Resolved,  That  the  Comptroller  be,  and  he  is  hereby  authorized,  under 
the  direction  of  the  Finance  Committee,  to  dispose  of  one  hundred 
thousand  dollars  of  City  Stock,  to  be  issued  for  that  purpose,  at  a  rate 
not  less  than  par,  from  the  proceeds  of  which  shall  be  paid  a  Corporation 
bond  of  ninety  thousand  dollars,  due  to  the  Mechanics'  Bank,  with  the 
interest  thereon,  and  the  residue  placed  in  the  treasury. 

(!N  COMMON  COUNCIL,  June  26,  1820.) 

[By  act  of  24th  March,  1820,  (Laws  p.  85,)  the  Corporation  were  authorized  to  create 

a  public  fund  or  stock,  not  exceeding  $400,000,  in  addition  to  that  authorized  by  the 

act  of  June  8, 1812,  to  be  denominated  "  The  New  York  Ci*y  Stock,"  bearing  interest 

not  exceeding  six  per  cent.,  payable  quarterly.    Under  this  statute,  the  Common 

Council  passed  the  following  resolution.    See  Min.  C.  C.  vol.  41,  p.  146.] 

Resolved,  That  the  Comptroller  be  authorized  to  give  public  notice  in. 

the  papers  employed  by  the  Corporation,  that  books  will  be  opened  and 

kept  during  business  hours,  at  the  Mechanics'  Bank,  in  this  city,  from 

the  tenth  to  the  twentieth  day  of  July  next,  for  the  purpose  of  receiving 

subscriptions  for  a  loan  to  the  Corporation  of  this  city,  of  any  sum  not 

*  For  proceedings  of  the  Common  Council  as  to  loan  of  $100,000,  of  Sept.  15, 1819, 
see  Index  to  Min.  C.  C.  v.  38;  also,  p.  478;  Clerk's  rough  minutes  of  Sept.  6, 1819 ;  also, 
files  of  Comptroller's  office. 


484  THE    NEW   YORK   CITY    STOCK. 

less  than  one  hundred  dollars,  and  exceeding  two  hundred  thousand 
dollars. 

.  That  on  the  closing  of  sucli  books,  should  the  sum  subscribed  exceed 
in  amount  two  hundred  thousand  dollars,  the  surplus  wilHbe  deducted 
pro  rata,  from  the  amounts  subscribed  respectively  ;  that  on  the  twentieth 
day  of  July,  the  subscribers  to  the  loan  shall  pay  to  the  city  treasurer, 
at  the  Mechanics'  Bank  aforesaid,  five  per  cent,  on  the  amount  of  stock 
to  which  they  shall  be  entitled  by  their  subscription,  and  that  on  the 
thirty-first  day  of  July  thereafter,  the  remainder  of  the  sum  subscribed 
shall  be  paid  as  aforesaid,  when  certificates  of  stock  will  be  issued,  bearing 
an  interest  of  five  per  cent.,  payable  quarter  yearly,  from  and  after  the 
first  day  of  August,  one  thousand  eight  hundred  and  twenty,  and  not 
redeemable  until  the  first  day  of  August,  one  thousand  eight  hundred 
and  fifty.  That  in  the  event  of  a  failure  of  the  subscribers  to  pay  the 
last  installment  on  the  day  designated,  the  previous  sums  paid  will  be 
forfeited  to  the  use  of  the  Corporation  of  this  city. 

Resolved,  That  the  Comptroller  be  authorized,  under  the  instruction  of 
the  Finance  Committee,  to  apply  the  proceeds  of  the  proposed  loan  to 
the  payment  of  such  of  the  outstanding  bonds  of  this  Corporation,  as  in 
their  opinion,  will  be  most  to  the  public  interest. 

(L\  COMMON  COUNCIL,  March  12,  1821.) 

1.  Resolved,  That  a  public  market  shall  be  erected  upon  the  ground 
belonging  to  the  Corporation,  between  Fulton  street  and  Crane  Wharf. 

2.  Resolved,  That  fifteen  thousand  dollars  be  raised  annually,  for  ten 
years,  by  tax,  which,  together  with  the  income  from  the  said  market, 
shall  be  appropriated  to  the  Sinking  Fund  for  the  extinguishment  of  the 
debt  created  by  the  purchase  of  said  ground,  and  the  erection  of  suitable 
buildings,  for  a  market  on  the  same. 

*  *  #  *  *  * 

5.  Resolved,  That  the  two  hundred  thousand  dollars  authorized  to  be 
funded  by  the  act  of  one  thousand  eight  hundred  and  twenty,  be  funded 
in  such  sums  and  at  such  times,  as  the  means  may  be  required  to  defray 
the  aforesaid  expense ;  and  that  the  amount  thus  funded  shall  bear  an 
interest  of  not  more  than  five  per  cent,  per  annum,  and  be  redeemable 
at  the  pleasure  of  the  Corporation,  after years. 

6.  Resolved,  That  the  counsel  be  instructed  to  prepare  a  memorial,  to 
be  presented  to  the  legislature,  at  their  next  session,  praying  for  an  act 
authorizing  the  aforesaid  ;  and  that  the  clerk  be  instructed  to  give  the 


THE    NEW    YORK    CITY    STOCK.  485 

necessary  notice  of  the  intention  of  the  Corporation  to  apply  for  such 
authority. 

7.  Resolved,  That  so  much  of  the  foregoing  resolutions  as  relates  to  the 
City  Stock,  be  referred  to  the  Comptroller  and  Finance  Committee,  with 
authority  to  adopt  the  necessary  measures  for  carrying  the  same  into 
effect. 

*  -X-  *  *  *  -.'; 

(!N  COMMON  COUNCIL,  June  19, 1826.) 

[By  act  of  28th  of  March,  1826,  (Laws  76,)  the  Corporation  was  further  authorized,  as 
they  might  find  it  expedient,  to  create  a  public  fund  or  stock,  not  exceeding,  in  the 
whole,  $700,000,  in  addition  to  the  sum  authorized  by  the  acts  of  1812  and  1820.] 

Resolved,  That  the  Finance  Committee  be  authorized  to  effect  a  loan, 
on  such  terms,  and  to  such  an  amount,  not  exceeding  five  hundred 
thousand  dollars,  as  they  may  deem  proper,  for  the  purpose  of  redeeming 
such  part  of  the  City  Stock,  bearing  an  interest  of  six  per  cent.,  as  is 
now  unredeemed,  agreeably  to  the  provisions  of  "  An  act  of  the  legisla- 
ture, authorizing  the  Corporation  of  the  city  of  New  York  to  create  a 
public  stock,"  passed  28th  March,  1826. 

(!N  COMMON  COUNCIL,  December  1, 1828.) 

[By  act  of  19th  April,  1828,  §  3  and  4,  (Laws,  372,)  the  Corporation  were  authorized 
to  create  a  stock  not  exceeding  $200,000,  in  the  like  manner,  and  on  the  like  terms,  as 
are  contained  in  the  act  of  March  28, 1826,  except,  &c.  The  only  action  of  the 
Common  Council  seems  to  be  the  following :] 

The  Finance  Committee  presented  the  following  report  on  the  subject 
of  the  Six  per  cent.  Stock,  &c.: 

The  Finance  Committee  respectfully  report,  that  four  hundred  and 
sixteen  thousand  nine  hundred  dollars  of  the  Six  per  cent.  Stock  is 
redeemable  ;  and  that  your  Committee  have  directed  the  Comptroller  to 
advertise  for  a  loan  of  Five  per  cent.  Stock,  redeemable  after  the  first  of 
January,  one  thousand  eight  hundred  and  fifty,  in  order  to  substitute  the 
same  for  the  said  stock  so  payable. 

The  best  offer  is  made  by  John  Jacob  Astor,  and  Prime,  Ward, 
King  &  Co.,  viz  :  four  and  a  half  per  cent,  advance,  which  your  Com- 
mittee recommend  to  be  accepted,  and  they  therefore  respectfully  offer 
the  following  resolution  : 

Resolved,  That  the  Comptroller  issue  the  stock  certificates  in  the  usual 
manner,  to  the  said  Astor,  and  King,  &  Co.,  and  that  the  Finance  Com- 
mittee instruct  the  Comptroller  and  City  Treasurer,  as  to  the  Six  per 


486  THE    WATER   STOCK. 

cent.  Stock  to  be  paid  off,  in  such  manner  as  to  pay  off  the  Six  per 
cent.  Stock  at  the  same  time  when  the  moneys  of  the  Five  per  cent. 
Stock  shall  be  received. 

All  of  which  is  respectfully  submitted. 

\V.  SEAMAN, 
WM.  W.  MOTT. 
W.  H.  IRELAND. 

Which  was  approved,  and  the  resolutions  adopted. 

([N  COMMON  COUNCIL,  August  7, 1835.) 

Resolved,  That  all  certificates  which  may  hereafter  be  issued,  for  any 
or  either  of  the  stocks  of  this  city,  shall  be  signed  by  the  Comptroller 
and  countersigned  by  the  Mayor,  and  the  Comptroller  is  hereby  directed 
to  cause  the  form  of  the  certificates  to  be  so  prepared,  as  to  designate 
the  officers  who  are  to  sign  and  countersign  the  same  severally. 

Of  "  The  Water  Stock  of  the  City  of  New  York." 
AN  ORDINANCK  to  instruct  the  Water  Commissioners  to  proceed  in  the 
work  of  supplying  the  city  of  New  York  with  water,  and  to  create  a 
public  fund  or  stock,  to  be  called  "  The  Water  Stock  of  the  city  of  New 
York,"  for  the  expense  of  said  work.     (Pawed  May  7,  183o.) 
The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  a*  follow*  : 

§1.  The  Water  Commissioners  of  the  city  of  New  York  are  hereby 
instructed  to  proceed  with  the  work  of  supplying  the  city  of  New  York 
with  a  sufficient  quantity  of  pure  and  wholesome  water,  for  the  use  of  its 
inhabitants,  according  to  the  plan  adopted  by  them,  in  pursuance  of  the 
act  of  the  legislature,  entitled  "  An  act  to  provide  for  supplying  the  city 
of  New  York  with  pure  and  wholesome  water,"  passed  May  the  second, 
one  thousand  eight  hundred  and  thirty -four. 

§  2.  A  public  stock  or  fund,  to  be  called  "  The  Water  Stock  of  the 
city  of  New  York,"  shall  be  created  for  a  loan  of  two  millions  five  hun- 
dred thousand  dollars,  which  shall  bear  an  interest  of  not  exceeding  five 
per  cent,  per  annum,  payable  quarterly,  and  shall  be  redeemable  on  or 
after  the  first  day  of  January,  which  shall  be  in  the  year  one  thousand 
eight  hundred  and  sixty. 

§  3.  The  nominal  amount  or  value  of  each  share  of  the  said  stock,  shall 
be  one  hundred  dollars,  and  the  same  shall  consist  of  twenty -five  thousand 
shares. 


THE    WATER    STOCK.  487 

34.  The  said  loan  shall  be  receivable  in  the  following  proportions,  and 
at  the  following  periods  respectively,  that  is  to  say  :  one  million  of 
dollars  thereof  shall  be  taken  up  previous  to  the  tenth  day  of  September, 
one  thousand  eight  hundred  and  thirty-five,  in  sums  of  two  hundred  and 
fifty  thousand  dollars,  payable  on  the  tenth  days  of  June,  July,  August 
and  September  next,  respectively ;  and  the  remaining  one  million  five 
hundred  thousand  dollars  thereof,  in  sums  of  five  hundred  thousand  dol- 
lars, payable  half  yearly,  after  the  first  day  of  January,  one  thousand 
eight  hundred  and  thirty-six. 

g  5.  The  Comptroller  is  hereby  authorized  and  directed  to  advertise 
for  proposals,  to  be  received  at  any  time  previous  to  the  twenty-fifth  day 
of  May  instant,  and  not  to  be  opened  until  that  day,  for  the  loan  of  one 
million  of  dollars,  (a  part  of  the  said  loan  of  two  millions  five  hundred 
thousand  dollars)  payable  in  monthly  installments  of  twenty-five  per 
centum,  on  the  tenth  days  of  June,  July,  August  and  September  next, 
respectively ;  and  such  proposals  may  be  made  for  any  portion  of  the 
said  one  million  of  dollars,  not  less  than  the  par  value  of  one  share  of  the 
said  stock. 

g  6.  The  said  Comptroller  shall  determine,  on  or  after  the  twenty-fifth 
day  of  May  instant,  which  and  what  proportion  of  the  said  proposals 
shall  be  accepted ;  and  shall  issue  certificates  for  the  number  of  shares 
necessary  to  make  up  the  said  sum  of  one  million  of  dollars,  to  that  or 
those  person  or  persons  or  companies,  whose  proposals  shall  have  been 
accepted  ;  and  such  certificates  shall  be,  nearly  as  may  be,  in  the  same 
form  as  the  certificates  issued  for  "  The  New  York  City  Stock,"  by  virtue 
of  the  act  entitled  "  An  act  to  regulate  the  finances  of  the  city  of  New 
York,"  passed  June  the  eighth,  one  thousand  eight  hundred  and  twelve. 

\  7.  The  said  Comptroller  shall  receive,  from  time  to  time,  as  the  same 
•becomes  payable  as  aforesaid,  the  said  installments  of  the  said  loan  of  one 
million  of  dollars,  and  shall  keep  a  separate  and  distinct  account  of  the 
same,  and  of  all  sums  paid  on  account  thereof. 

I  8.  The  said  moneys  so  to  be  received,  shall  be  paid  by  the  said 
Comptroller  to,  or  on  the  order  of  the  said  Water  Commissioners,  for 
the  expense  of  the  said  work  of  supplying  the  city  of  New  York  with 
pure  and  wholesome  water,  according  to  the  plan  adopted  by  them  for 
that  purpose,  as  aforesaid. 

£9.  The  provisions  of  the  ordinance  entitled  "  A  law  providing  for 


488  THE    WATER    STOCK. 

the  redemption  of  the  City  Stock,"  so  far  as  the  same  can  be  applied  to 
the  "  Water  Stock  of  the  city  of  New  York,"  shall  be  applicable  to  the 
same;  and  all  revenue  to  be  received  for  water,  to  be  procured  by  the  said 
work,  and  furnished  to  the  inhabitants  of  the  city  of  New  York,  shall  be 
specially  appropriated  as  a  Sinking  Fund  toward  the  redemption  of  the 
said  Water  Stock. 


A  Law,  in  addition  to  the  law  "  To  instruct  the  Water  Commissioners 
to  proceed  in  the  work  of  supplying  the  city  of  New  York  with  water, 
and  to  create  a  public  fund  or  stock,  to  be  called  the  '  Water  Stock  of 
the  city  of  New  York,'  for  the  expenses  of  said  work."  Approved  May 
7, 1835.  (Passed  March  27, 1838.) 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows  .- 

\  1.  That  the  Comptroller  be  authorized,  under  the  direction,  and  with 
the  consent  of  the  Finance  Committees  of  both  Boards,  to  meet  the 
requisitions  of  the  Water  Commissioners,  to  sell  or  dispose  of  the  "  Water 
Loan  Stocks,"  remaining  unsold,  upon  such  terms,  and  in  such  manner 
as  they  shall  deem  expedient. 

A  Law,  in  addition  to  the  law  "  To  instruct  the  Water  Commissioners 
to  proceed  in  the  work  of  supplying  the  city  of  New  York  with  water, 
and  to  create  a  public  fund  or  stock,  to  be  called  '  The  Water  Stock  of 
the  city  of  New  York,'  for  the  expenses  of  the  said  work."  (Passed 
May  3, 1838.) 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows  .• 

§  1.  An  additional  stock  or  fund,  to  be  called  "  The  Water  Stock  of 
the  city  of  New  York,"  shall  be  created  for  a  loan  of  three  millions  of 
dollars,  which  shall  bear  an  interest  of  not  exceeding  five  per  cent,  per 
annum,  payable  quarterly,  and  shall  be  redeemable  on  or  after  the  first 
day  of  May,  which  will  be  in  the  year  one  thousand  eight  hundred  and 
fifty-eight. 

§  2.  The  nominal  value  of  each  share  of  said  stock  shall  be  one  hun- 
dred dollars,  and  the  same  shall  consist  of  thirty  thousand  shares. 

|  3.  That  the  Comptroller  be  authorized,  under  the  direction,  and  with 
the  consent  of  the  Finance  Committees  of  both  Boards,  to  meet  the 


THE    WATER   STOCK.  489 

requisitions  on  the  treasury,  for  supplying  the  city  with  pure  and  whole- 
some water,  to  sell  and  dispose  of  five  hundred  thousand  dollars  of  the 
above  stock,  upon  such  terms,  and  in  such  manner  as  they  shall  deem 
expedient. 

§  4.  The  provisions  of  the  ninth  section  of  the  law,  to  which  this  is  an 
addition,  is  applicable,  in  all  respects,  to  this  law. 


A  Law,  in  addition  to  the  law,  "  To  instruct  the  Water  Commissioners 
to  proceed  in  the  work  of  supplying  the  city  of  New  York  with  water, 
and  to  create  a  public  fund  or  stock,  to  be  called  '  The  Water  Stock  of 
the  city  of  New  York,'  for  the  expenses  of  said  work."  Passed  May,  3, 
1838.  (Passed  July  10,  1838.) 

Tfie  Mayor,  Aldermen  and  Commonalty  of  the  ciiy  of  New  York,  in  Ccm- 
moil  Council  convened,  do  ordain  as  follows  : 
That  the  following  section  be  added  to  the  said  law,  viz : 
$5.  That  the  Comptroller  be  authorized,  under  the  direction,  and 
with  the  consent  of  the  Finance  Committee  of  both  Boards,  to  meet  the 
requisitions  on  the  treasury,  for  supplying  the  city  of  New  York  with 
pure  and  wholesome  water,  to  sell  and  dispose  of  a  further  amount  of 
five  hundred  thousand  dollars  of  the  above  stock,  redeemable  on  or  after 
the  year  one  thousand  eight  hundred  and  fifty-eight,  upon  such  terms, 
and  in  such  manner  as  they  shall  deem  expedient. 

A  Law,  in  addition  to  the  law  "  To  instruct  the  Water  Commissioners 
to  proceed  in  the  work  of  supplying  the  city  of  New  York  with  water, 
and  to  create  a  public  fund  or  stock  to  be  called  '  The  Water  Stock  of 
the  city  of  New  York,'  for  the  expenses  of  said  work,"  passed  May  3, 
1838.  (Passed  November  2,  1838.) 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Corn- 
men  Council  convened,  do  ordain  a*  follows: 
That  the  following  section  be  added  to  said  law,  viz]: 
§  6.  That  the  Comptroller  be  authorized,  under  the  direction,  and  with 
the  consent  of  the  Finance  Committees  of  both  Boards,  to  meet  the 
requisitions  on  the  treasury,  for'supplying  the  city  of  New  York  with 
pure  and  wholesome  water,  to  sell  and  dispose  of  a  further  amount  of  two 
hundred  and  fifty  thousand  dollars  of  the  above  stock,  redeemable  on  or 
after  the  year  one  thousand  eight  hundred  and  fifty-eight,  upon  such 
terms,  and  in  such  manner  as  they  shall  deem  expedient. 
32 


490  THE    WATER    STOCK. 

A  Laiv,  in  addition  to  the  law  "  To  instruct  the  Water  Commissioners 
to  proceed  in  the  work  of  supplying  the  city  of  New  York  with  water, 
and  to  create  a  public  fund  or  stock,  to  be  called  '  The  Water  Stock  of 
the  city  of  New  York,'  for  the  expenses  of  said  work."  (Passed  February 
26,  1839.) 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows: 

\  1.  That  the  Comptroller  be  authorized,  under  the  direction,  and  with 
the  consent  of  the  Finance  Committees  of  both  Boards,  to  meet  the 
requisitions  on  the  treasury,  for  supplying  the  city  of  New  York  with 
pu^e  and  wholesome  water,  to  sell  and  dispose  of  the  balance  of  one 
million  seven  hundred  and  fifty  thousand  dollars  of  the  stock,  redeemable 
on  or  after  the  year  one  thousand  eight  hundred  and  fifty-eight,  upon 
such  terms,  and  in  such  manner  as  they  shall  deem  expedient. 

A  Law,  in  addition  to  the  law  "  To  instruct  the  Water  Commissioners 
to  proceed  in  the  work  of  supplying  the  city  of  New  York  with  water, 
and  to  create  a  public  fund  or  stock,  to  be  called '  The  Water  Stock  of 
the  city  of  New  York/  for  the  expenses  of  the  said  work.  (Passed  April 
28-,  1840.) 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  do  ordain 

as  follows  : 

\  1.  An  additional  fund  or  stock,  to  be  called  "The  Water  Stock  of 
the  city  of  New  York,  shall  be  created,  for  a  loan  of  three  millions  of 
dollars,  which  shall  bear  an  interest  of  not  exceeding  six  per  cent,  per 
annum,  payable  quarterly,  and  shall  be  redeemable  on  or  after  the  first 
day  of  November,  in  the  year  of  our  Lord,  one  thousand  eight  hundred 
and  seventy. 

\  2.  That  no  portion  of  said  stock  shall  be  issued  for  a  less  sum  than 
one  hundred  dollars. 

§  3.  That  to  provide  for  the  payment  of  the  interest  due,  and  to  grow 
due  upon  the  Water  Stock,  to  meet  the  expenses  of  procuring  and  laying 
down  water  pipes,  and  to  reimburse  the  City  Treasury  for  all  advances 
it  has  made,  or  shall  hereafter  make,  for,  or  on  account  of  the  construc- 
tion, maintenance  and  preservation  of  the  "  Croton  Works,"  the  Comp- 
troller be  authorized,  under  the  direction,  and  with  the  consent  of  the 
Finance  Committees  of  both  Boards,  to  sell  and  dispose  of  the  above 
stock  upon  such  terms,  and  in  such  manner  as  they  shall  deem  proper 
and  expedient. 


THE    WATER    STOCK/  491 

g  4.  The  provisions  of  the  ninth  section  of  the  law  to  which  this  is  an 
addition,  are  applicable,  in  all  respects,  to  this  law. 

§  5.  That  at  the  next  regular  meeting  of  either  Board  of  the  Common 
Council,  it  shall  be  the  duty  of  the  Comptroller,  to  report  to  such  Board, 
the  amount  of  stock  sold,  and  the  rate  at  which  sold,  and  the  rate  of 
interest  such  stock  bears,  and  when  payable. 

An  Ordinance,  in  addition  to  an  ordinance,  to  instruct  the  Water 
Commissioners,  &c.,  passed  May  7,  1835.  (Passed  September  24, 1840.) 

The  Mayor,  Aldermen  and  Commonalty  of  the  the  city  of  New  York,  do 

ordain  as  follows.- 

$  1.  That  the  Comptroller  shall  charge  to  the  Water  Loan,  the  follow- 
ing items  of  expenditures :  All  the  requisitions  of  the  Water  Commis- 
sioners, for,  or  on  account  of  the  construction  of  the  Croton  Water 
Works,  north  of  and  including  the  distributing  reservoir  ;  all  the  requi- 
sitions of  the  Croton  Aqueduct  Commissioner,  for  or  on  account  of  the 
procuring  and  laying  down  water  pipes  in  the  city  of  New  York,  south 
of  the  said  distributing  reservoir,  when  the  same  are  ratified  by  the  Croton 
Aqueduct  Committee,  and  all  the  interest  accruing  on  the  Water  Stock 
of  the  city  of  New  York,  until  the  further  direction  of  the  Common 
Council. 

§  2.  The  requisitions  of  the  Water  Commissioners,  for  contingent 
expenses,  shall  not  exceed  five  thousand  dollars  each ;  but  no  such  requi- 
sition shall  be  paid  by  the  Comptroller,  until  the  former  requisition  shall 
be  fully  and  particularly  accounted  for  to  that  officer ;  nor  until  the 
vouchers  and  receipts  of  the  respective  parties,  to  whom  such  moneys 
have  been  ultimately  paid,  shall  have  been  presented  to  the  Croton 
Aqueduct  Committee,  and  have  been  approved  by  the  said  Committee. 

g  3.  No  contract  that  may  hereafter  be  entered  into  by  the  Water- 
Commissioners,  shall  be  binding  upon  the  Common  Council,  until  ratified 
by  the  Common  Council. 

§  4.  The  powers  of  the  Water  Commissioners  shall  not  extend  to  the 
making  of  any  contracts  for  materials  or  labor,  to  be  used  or  employed 
in  the  city  of  New  York,  or  in  procuring  and  laying  down  water  pipes 
in  said  city,  south  of  the  distributing  reservoir  ;  and  they  are  hereby 
instructed,  not  to  enter  into  any  contract  for  the  procuring  or  laying 
down  mains  and  water  pipes  in  said  city,  south  of  said  line — this  duty 
having  already  been  invested  in  the  Croton  Aqueduct  Commissioner,  and 
Croton  Aqueduct  Committees  of  the  Corporation. 


I 


492  THE    WATER    STOCK. 

A  Law,  in  addition  to  the  laws  "  To  instruct  the  Water  Commissioners 
to  proceed  in  the  work  of  supplying  the  city  of  New  York  with  waterr 
and  to  create  a  public  fund  or  stock,  to  be  called  '  The  Water  Stock  of 
the  city  of  New  York/  for  the  expenses  of  the  said  work,"  and  to  com- 
plete the  same.  (Passed  June  25,  1841.) 

The  Mayor,  Aldermen,  and  Commonalty  of  the  city  of  New  York,  do  ordain 

as  follows : 

1 1.  An  additional  stock  or  fund,  to  be  called  "  The  Water  Stock  of 
the  city  of  New  York,"  shall  be  created,  for  a  loan  of  three  million  five 
hundred  thousand  dollars,  which  shall  bear  an  interest  of  not  exceeding 
six  per  cent,  per  annum,  payable  quarterly,  and  shall  be  redeemable  at 
such  periods,  not  exceeding  forty  years,  as  may  be  determined  by  the 
Finance  Committee. 

§  2.  The  certificates  of  the  said  stock  shall  be  issued  in  such  amounts 
not  less  than  one  hundred  dollars  in  each  certificate,  and  in  such  manner 
and  form  as  may  be  decided  upon  by  the  Finance  Committees,  to  be  the 
most  expedient  for  the  interest  of  the  city. 

g  3.  It  shall  be  lawful  for  the  Comptroller,  by  and  with  the  consent  of 
the  Finance  Committees  of  both  Boards,  to  issue  the  temporary  obliga- 
tions of  the  city  in  such  sums  as  they  shall  deem  proper,  not  under  two 
hundred  and  fifty  dollars  each,  and  therein  expressed,  to  be  transferable 
only  on  the  books  of  the  office  of  the  Comptroller  of  said  city,  by  the 
holder  thereof  in  person,  or  his  attorney,  duly  authorized  in  writing,  for 
short  periods,  bearing  an  interest  not  exceeding  seven  per  cent,  per 
annum,  and  in  anticipation  of  the  permanent  stock  authorized  by  this 
law,  the  amount  of  such  temporary  obligation  not  to  exceed  two  millions 
of  dollars. 

§  4.  That  the  Comptroller  be  authorized,  by  and  with  the  consent  of 
the  Finance  Committees  of  both  Boards,  to  meet  the  requisitions  upon 
the  treasury,  for  supplying  the  city  of  New  York  with  pure  and  whole- 
some water,  to  sell  from  time  to  time,  and  in  such  sums  as  they  may 
deem  advisable,  the  stock  or  temporary  obligations  of  the  city,  authorized 
and  created  by  this  law,  upon  such  terms,  and  in  such  manner  as  they 
may  deem  most  expedient ;  and  that  he  report  the  amount  of  such  sales, 
with  the  price  obtained  therefor,  quarterly,  to  the  Common  Council. 

g  5.  The  moneys  to  be  raised  by  virtue  of  this  law,  shall  be  applied  and 
expended  to  and  for  the  purpose  of  supplying  the  city  with  pure  and 
wholesome  water,  according  to  the  provisions  of  the  law  hereby  amended, 


THE    WATER   STOCK.  493 

and  no^part  of  the  funds  created  by  this  law,  or  any  other  fund  raised 
for  the  purpose  of  constructing  or  completing  the  Croton  Aqueduct,  and 
the  works  connected  therewith,  and  distributing  the  water  throughout 
the^city,  shall  be  diverted  from  such  object. 

\  6.  The  provisions  of  the  ninth  section  of  the  law  to  which  this  ia  an 
addition,  is  applicable,  in  all  respects,  to  this  law. 

\  7.  It  shall  be  the  duty  of  the  Comptroller,  to  estimate  and  report  to 
the  Board  of  Supervisors  of  the  city  and  county  of  New  York,  at  their 
annual  meeting,  the  amount  necessary  to  be  raised  by  tax,  on  the  estates, 
real  and  personal,  of  the  freeholders  and  inhabitants  of,  and  situated 
within  the  said  city,  and  to  be  collected,  to  defray  the  deficiency  of 
interest  upon  the  Water  Stock  of  the  city  of  New  York,  such  money  to 
be  assessed  and  collected  in  the  same  manner  as  now  provided  by  law, 
for  the  assessment  and  collection  of  taxes  in  the  said  city. 


An  Ordinance  to  raise  money  by  loan.     (Passed  January  25, 1842.) 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York  in  Com- 
mon Council  convened,  do  ordain  as  follows  : 

That  it  shall  be  lawful  to  raise  such  further  sums  of  money,  as  may 
be  necessary  to  effect  the  introduction  of  the  Croton  Water  into  this 
city,  in  the  manner  provided  by  section  3  of  the  ordinance  relating  to 
the  Water  Stock  of  the  city  of  New  York,  passed  June  25th,  A.  D.  1841 
The  stock  certificates  to  be  issued  therefor,  to  be  made  redeemable  at  such 
periods,  not  exceeding  fifteen  years,  as  the  Finance  Committee  may  direct. 


A  Law,  to  amend  a  law,  in  addition  to  the  laws  "  To  instruct  the 
Water  Commissioners  to  proceed  in  supplying  the  city  of  New  York 
with  water,  and  to  create  a  public  fund  or  stock,  to  be  called  '  The  Water 
Stock  of  the  city  of  New  York,'  for  the  expenses  of  said  work,'  and  to 
•complete  the  same.  (Passed  February  23,  1843.) 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York  in  Com- 
mon Council  convened,  do  ordain  a.s  follows: 

§  1.  That  the  Comptroller  be  authorized,  by  and  with  the  consent  of 
the  Finance  Committees  of  both  Boards,  in  order  to  meet  the  requisitions 
upon  the  treasury,  for  supplying  the  city  of  New  York  with  pure  and 
wholesome  water,  and  to  complete  the  samr,  to  sell  from  tirao  to  time, 


494  THE    FIRE    LOAN    STOCK. 

and  in  such  manner  as  they  may  deem  advisable,  the  stock,  or  obligations 
of  the  city,  not  exceeding  the  sum  of  six  hundred  and  forty-seven  thou- 
sand dollars,  authorized  and  created  by  the  laws  heretofore  passed  by  the 
legislature,  1838,  1840  and  1841,  upon  such  terms,  not  below  the  par 
value  thereof,  and  at  an  interest  not  exceeding  six  per  cent,  per  annum, 
and  in  such  manner  as  they  may  deem  most  expedient ;  and  that  he  report 
the  amount  of  such  sales  to  the  Common  Council,  quarterly. 

§  2.  The  moneys  to  be  raised,  by  virtue  of  this  law,  shall  be  applied  and 
expended,  to  and  for  the  purpose  of  supplying  the  city  with  pure  and 
wholesome  water,  according  to  the  provisions  of  the  law  hereby  amended  -r 
and  no  part  of  the  fund  created  by  this  law,  raised  for  the  purpose  of 
completing  the  Croton  Aqueduct,  and  the  works  connected  therewith, 
and  distributing  the  water  throughout  the  city,  shall  be  diverted  from 
sttch  object. 

Of  the  "  Fire  Loan  Stock  of  the  city  of  New  York." 

A  Law  to  regulate  the  the  purchase  of  bonds  and  mortgages,  which 
belonged,  on  the  18th  day  of  December,  in  the  year  1835,  to  any  of  the 
Eire  Insurance  Companies  in  the  city  of  New  York,  which  have  become 
insolvent,  or  whose  capital  may  have  been  impaired,  by  losses  occasioned 
by  the  fire  of  the  16th  and  17th  of  that  month,  and  to  provide  the  funds 
necessary  for  that  purpose.  (Passed  February  16,  1836.) 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows: 

1 1.  A  public  stock  or  fund,  to  be  called  "  The  Fire  Loan  Stock  of  the 
city  of  New  York,"  shall  be  created  for  a  loan  of  four  millions  of  dollars, 
which  shall  bear  an  interest  of  not  exceeding  five  per  cent,  per  annum, 
payable  half  yearly,  and  shall  be  redeemable,  one-third  thereof  in  two 
years,  one-third  thereof  in  five  years,  and  the  remaining  third  thereof  in 
seven  years,  or  the  whole  amount  in  two  years,  five  years,  or  seven  years, 
under  the  direction  of  the  Mayor,  and  the  Presidents,  and  Finance  Com- 
mittees of  both  Boards  of  the  Common  Council,  reserving  the  right  to 
increase  the  same  to  the  amount  prescribed  by  the  act  of  the  legislature,. 
if  the  same  shall  be  found  necessary. 

|  2.  The  Comptroller  is  hereby  authorized  and  directed  to  advertise 
for  proposals,  to  be  received  by  him  at  any  time  previous  to  the  ninth 
day  of  March,  in  the  year  one  thousand  eight  hundred  and  thirty-six,  and 
not  to  be  opened  until  that  day,  for  the  said  loan  of  four  millions  of 
dollars,  receivable  at  such  times  as  shall  be  fixed  by  the  said  Mayor, 
Presidents  and  Finance  Committees,  and  stated  in  the  advertisement  for 


THE    FIRE    LOAN    STOCK.  495 

such  proposals ;  and  such  proposals  may  be  made  for  uny  portion  of  the 
said  loan,  and  must  state  whether  the  amounts  and  terufs  thereby  offered 
are  intended  for  a  loan  of  so  much,  to  be  secured  by  the  bond  or  bonds 
of  the  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  or 
stock  certificates  to  be  issued  by  them. 

\  3.  The  said  Comptroller  shall,  without  delay,  after  the  said  ninth 
day  of  March,  in  the  year  one  thousand  eight  hundred  and  thirty-six, 
submit  such  proposals  as  may  have  been  received  by  him  for  the  said 
loan,  or  portions  thereof,  to  the  said  Mayor,  Presidents  and  Finance 
Committees,  who  shall  be  a  committee  to  determine  whether  any,  which, 
and  what  portion  of  the  said  proposals  shall  be  accepted  ;  and  such  deter- 
mination shall  be  in  writing,  and  signed  by  the  members  of  such  com- 
mittee, or  a  majority  of  them. 

$4.  After  such  determination  shall  have  been  made,  the  Comptroller 
shall  issue  certificates,  or  deliver  bonds,  according  to  the  proposals  which 
shall  have  been  so  accepted,  to  that  or  those  person  or  persons,  or  bodies 
corporate,  who  shall  have  made  the  same  :  Provided,  that  no  such  bond 
or  certificate  shall  be  so  issued  or  delivered,  until  the  par  value,  or  the 
amount  conditioned  to  be  paid  thereby,  with  any  premium  to  be  given 
therefor,  shall  have  been  actually  deposited  in  the  Mechanics'  Bank  of 
the  city  of  New  York,  to  the  credit  of  the  Corporation  of  the  said  city, 
for  account  of  the  Fire  Loan  of  the  city  of  New  York. 

§  5.  All  certificates  to  be  issued  for  any  portion  of  the  said  loan,  shall 
be  made  in  conformity  with  the  resolution  of  the  Common  Council, 
passed  on  the  seventh  day  of  August,  one  thousand  eight  hundred  and 
thirty-five ;  and  shall  be  signed  by  the  Comptroller,  and  countersigned 
by  the  Mayor ;  and  all  bonds  which  may  be  delivered  for  any  portion  of 
such  loan,  shall  have  affixed  thereto  the  seal  of  the  city,  with  the  signa- 
tures of  the  Clerk  of  the  Common  Council  and  of  the  Mayor,  and  shall 
be  made  payable  to  the  order  of  the  Comptroller,  and  indorsed  by  him. 

I  6.  The  faith  and  property  of  the  city  of  New  York,  and  the  proceeds 
of  all  bonds  and  mortgages  which  may  be  purchased  in  pursuance  of  this 
law,  are  hereby  pledged  for  the  redemption  of  the  said  stock  or  loan. 

§  7.  The  Common  Council  shall  appoint  seven  commissioners,  to  per- 
form the  duties  prescribed  by  the  second  section  of  the  act  of  the  legis- 
lature, entitled  "  An  act  to  authorize  the  Mayor,  Aldermen  and  Com- 
monalty of  the  city  of  New  York,  to  raise  moneys  on  loan,  and  for  other 
purposes,"  passed  January  sixteenth,  one  thousand  eight  hundred  and 
thirty -six  j  and  the  said  commissioners  shall  hold  their  offices  until  the 


496  THE    FIRE    LOAN    STOCK. 

sixteenth  day  of  July,  in  the  year  one  thousand  eight  hundred  and  thirty- 
six,  unless  sooner  removed  by  the  Common  Council. 

g  8.  All  applications  for  the  sale,  to  the  Corporation  of  this  city,  of 
any  bond  and  mortgage  under  the  above-mentioned  act  of  the  legislature, 
shall  be  made  to  the  Comptroller,  and  shall  be  accompanied  by  the  said 
bond  and  mortgage,  together  with  a  written  statement  or  abstract  of  the 
title  of  the  mortgaged  premises,  and  the  certificates  of  the  Register,  and 
of  the  clerks  of  the  several  courts,  showing  that  such  premises  were  free, 
and  discharged  from  all  prior  incumbrances,  at  the  time  of  the  execution 
of  such  mortgage ;  and  no  such  bonds  or  mortgages  shall  be  purchased, 
except  directly  from  the  Fire  Insurance  Companies  heretofore  mentioned. 

\  9.  It  shall  be  the  duty  of  the  Comptroller,  on  the  receipt  of  any  such 
application,  to  furnish  to  the  Commissioners  a  description  of  the  mort- 
gaged premises,  and  on  receiving  from  the  said  commissioners  their 
certificate  of  the  value  of  such  premises,  the  said  Comptroller,  shall  forth- 
with submit  such  application,  together  with  such  certificate  of  the  com- 
missioners, to  a  select  committee,  to  consist  of  three  members  from  each 
Board  of  the  Common  Council,  and  to  be  appointed  for  that  purpose ; 
and  such  committee  shall  determine  whether  such  bond  and  mortgage 
shall  be  purchased  ;  and  no  such  purchase  shall  be  made,  unless  a  majority 
of  the  persons  composing  such  committee,  shall  signify  their  approbation 
thereof  in  writing,  and  under  their  hands. 

\  10.  Every  such  bond  and  mortgage,  together  with  the  statement  or 
abstract,  and  certificates  respecting  the  title  of  the  mortgaged  premises, 
and  the  proposed  instrument  of  assignment  or  sale  thereof,  to  the  Cor- 
poration of  this  city,  shall,  previous  to  the  purchase  thereof,  be  examined 
by  the  Counsel  of  the  Corporation  ;  and  no  such  bond  and  mortgage  shall 
be  purchased  until  the  said  counsel  shall  have  certified  his  opinion,  that 
the  form  and  execution  of  such  bond  and  mortgage,  and  of  such  instru- 
ment of  assignment  are  sufficient,  and  that  the  title  to  the  mortgaged 
premises  is  good  and  unincumbered. 

g  11.  Every  assignment  of  a  bond  and  mortgage,  to  be  made  under  this 
law,  shall  be  accompanied,  with  an  admission  in  writing,  from  the  debtor 
or  debtors  thereon,  of  notice  of  such  assignment,  and  that  he,  she  or  they 
have  no  set-off  against  the  same ;  and  all  charges  and  expenses  attending 
the  examination  of  the  titles  of  the  mortgaged  premises,  shall  be  borne 
by  the  companies  from  whom  such  bonds  and  mortgages  may  be  pur- 
chased. 

§  12.  It  shall  be  the  duty  of  the  Comptroller,  to  pay  for  every  such 


THE    FIRE    LOAN   STOCK.  497 

bond  and  mortgage,  the  purchase  of  which  shall  bo  authorized,  as  herein- 
before mentioned,  to  such  person  or  officer,  as  may  be  duly  empowered 
to  receive  the  same,  the  amount  due  upon  such  bond  and  mortgage 
for  principal,  and  for  interest  accrued  since  the  last  time  specified 
therein  for  the  payment  of  the  same  ;  and  such  payment  shall  be  made  out 
of  the  moneys  to  be  obtained  by  loan,  on  the  bonds  or  stock  hereinbefore 
mentioned. 

£  13.  Any  of  the  said  companies  may,  within  one  year  from  the  date 
thereof,  receive  back  the  bonds  and  mortgages  assigned  by  them,  or  such 
as  shall  remain  unpaid,  or  a  portion  thereof,  with  the  consent  of  the 
Commissioners  of  the  Sinking  Fund,  on  payment  of  the  amount  of  the 
principal  and  interest  thereon,  in  the  Fire  Loan  Stock  of  the  city  of  New 
York,  at  the  same  rate  at  which  the  same  shall  be  issued  by  the  Cor- 
poration. 

$  14.  The  Mayor  and  Clerk  of  the  Common  Council  are  hereby 
authorized  to  execute  a  reassignment  to  any  of  the  said  companies,  of 
the  bonds  and  mortgages  now  held  by  them,  respectively,  and  which  may 
be  sold  to  the  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New 
York,  and  shall  remain  unpaid,  or  a  portion  thereof,  on  receiving  from 
the  Comptroller  a  certificate,  that  a  portion  of  the  Fire  Loan  Stock,  of 
the  city  of  New  York,  had  been  surrendered  to  the  said  Comptroller  by 
the  said  companies,  in  payment  therefor,  to  the  amount  of  the  principal 
and  interest  of  the  said  bonds  and  mortgages,  assigned  by  them  respec- 
tively, or  such  portion  as  may  be  so  reassigned,  deducting  the  premium 
received  by  the  Common  Council  on  said  stock. 

\  15.  It  shall  be  the  duty  of  the  Comptroller,  to  keep  a  separate  and 
distinct  account  of  all  moneys  to  be  received  for  the  said  bonds  or  stock, 
and  of  all  moneys  to  be  paid  for  the  said  bonds  and  mortgages ;  also,  of 
all  moneys  to  be  received  in  payment  of  the  principal  and  interest  of 
such  bonds  and  mortgages,  and  of  all  moneys  to  be  paid  for  the  redemp- 
tion of  the  bonds  or  stock  to  be  issued  as  aforesaid.  And  the  said 
Comptroller  shall  furnish  a  copy  of  such  account,  once  in  every  three 
months,  to  the  Common  Council. 

\  16.  It  shall  be  the  duty  of  the  Comptroller,  to  collect  and  receive 
the  interest  accruing  on  the  said  bonds  and  mortgages,  as  the  same 
may  become  payable ;  and  the  principal  moneys  due  thereon,  shall  be 
paid  into  such  banks  as  the  Common  Council  of  this  city  shall,  by 
resolution  direct,  to  the  credit  of  the  Commissioners  of  the  Sinking 
Fund,  and  on  account  of  the  Fire  Loan  of  the  city  of  New  York  ;  and  a 


498  THE    .FIRE    LOAN    STOCK. 

certificate  of  such  payment  shall  be  given  by  the  cashier  of  such  bank  ; 
bat  no  payments  on  account  of  the  principal  due  on  any  such  bond,  shall 
be  received  in  less  sums  than  five  hundred  dollars.  The  Comptroller 
shall  also  deposit  in  such  bank,  to  the  credit  of  the  said  Commissioners 
of  the  Sinking  Fund,  the  interest  so  to  be  received  by  him,  and  also,  any 
balance  of  the  said  loan  that  may  remain,  not  appropriated  under  this 
ordinance,  after  the  sixteenth  day  of  July,  in  the  year  one  thousand 
eight  hundred  and  thirty-six. 

$  17.  On  the  payment  of  all  moneys  due  for  principal  and  interest, 
upon  any  such  bond  and  mortgage  as  aforesaid,  it  shall  be  the  duty  of 
the  Comptroller,  on  receiving  a  certificate  from  the  cashier  of  the  said 
bank,  showing  such  payment  of  principal,  to  deliver  up  the  said  bond 
and  mortgage  to  the  party  making  such  payment,  together  with  sufficient 
acknowledgment  of  the  satisfaction  of  such  mortgage ;  and  the  Mayor 
and  Clerk  of  the  Common  Coumcil  are  hereby  authorized  to  sign,  and 
cause  the  seal  of  the  city  to  be  affixed  to  every  such  acknowledgment 
of  satisfaction,  on  the  certificate  of  the  Comptroller,  that  such  principal 
and  interest  have  been  paid.  But  no  release  of  any  part  of  the  premises 
contained  in  any  such  mortgage,  from  the  lien  created  by  such  mortgage 
thereon,  shall  be  made  or  executed,  or  authorized  by  the  Common  Council. 

$18.  The  purchase  of  bonds  and  mortgages,  to  be  made  under  this 
law,  shall  be  confined  to  bonds  secured  by  mortgage  on  unincumbered 
real  estate ;  and  whenever  any  building  on  the  property  so  mortgaged, 
shall  be  estimated  by  the  commissioners,  as  forming  a  part  of  the  value 
of  the  mortgaged  premises,  the  insurance  company  from  whom  such  bond 
and  mortgage  may  be  purchased,  shall  deliver  to  the  Comptroller  a 
policy  of  insurance,  for  not  less  than  one  year,  effected  on  the  said  build- 
ing, by  a  solvent  fire  insurance  company  of  this  city,  with  an  assignment 
thereof  to  the  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New 
York. 

\  19.  All  bonds  and  mortgages  which  may  be  purchased  under  this  law, 
shall  be  closed,  and  payment  thereof  required,  within  seven  years  from 
the  sixteenth  day  of  January,  in  the  year  one  thousand  eight  hundred 
and  thirty-six ;  and  the  right  is  hereby  reserved  to  the  Corporation  of 
this  city,  to  call  in  or  collect,  when  due,  any  of  the  said  bonds  and  mort- 
gages, at  any  time  previous  to  the  expiration  of  such  period ;  and  in 
case  of  the  non-payment  of  any  interest  upon  any  such  bond  and  mort- 
gage, for  more  than  three  months  after  the  same  may  be  due,  or  the 
neglect  of  the  owner  of  any  building  covered  by  any  such  mortgage,  to 
renew  any  policy  of  insurance  thereon^  which  may  have  been  assigned 


THE    FIRE    LOAN    STOCK.  499 

to  the  Corporation  of  this  city  as  aforesaid,  when  such  policy  shall  have 
expired,  it  shall  be  the  duty  of  the  Comptroller,  to  deliver  the  said  bond 
and  mortgage  to  the  Counsel  of  the  Corporation,  to  collect  the  amount 
due  thereon,  for  principal  and  interest. 

$  20.  The  provisions  of  the  ordinance  entitled  "  A  law  providing  for 
the  redemption  of  the  City  Stock,"  so  far  as  the  same  can  be  applied  to 
the  Fire  Loan  Stock  of  the  city  of  New  York,  shall  be  applicable  to  the 
same;  and  the  Comptroller  shall  open  and  keep  a  separate  account,  to 
be  called  "  The  Sinking  Fund  Account  of  the  Fire  Loan  Stock  of  the 
city  of  New  York  ;"  and  the  Commissioners  of  the  Sinking  Fund  of  the 
said  city,  shall  apply  the  proceeds  to  be  collected  and  received,  on  or  for 
all  bonds  and  mortgages  which  may  be  purchased  by  virtue  of  this  law, 
to  the  payment  of  the  interest  to  accrue  upon  the  said  loan,  and  to  pur- 
chase on  redemption,  of  the  said  bonds  or  stock  issued  therefor ;  and  the 
whole  of  the  principal  and  interest  of  such  bonds  and  mortgages,  after 
the  payment  of  all  necessary  expenses,  is  hereby  appropriated,  as  the 
same  shall  be  paid  into  the  City  Treasury,  to  the  said  Sinking  Fund,  for 
such  purpose,  and  shall  not,  under  any  preter.se  whatever,  be  diverted 
therefrom,  for  any  other  purpose  or  use  whatsoever. 

§21.  The  Comptroller  is  hereby  authorized  to  employ  an  additional 
clerk  in  his  office,  who  shall  be  paid  at  a  rate  not  exceeding  one  thousand 
dollars  per  annum,  by  the  Commissioners  of  the  Sinking  Fund,  out  of 
the  moneys  to  be  received  by  them  under  this  ordinance. 


A  Law,  to  amend  a  law  to "  Regulate  the  purchase  of  bonds  and 
mortgages,  which  belonged,  on  the  18th  day  of  December,  in  the  year 
1835,  to  any  of  the  Fire  Insurance  Companies  in  the  city  of  New  York, 
whose  capital  may  have  been  impaired  by  losses  occasioned  by  the  fire 
on  the  16th  and  17th  of  that  month,  and  to  provide  the  funds  necessary 
for  that  purpose."  (Passed  March  15, 183G.) 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows: 

g  1.  The  Comptroller  may,  when  directed  so  to  do  by  the  Select  Com- 
mittee appointed  under  the  ninth  section  of  the  law  hereby  amended, 
•within  sixty  days  from  the  passage  of  this  act,  accept  of  any  offers  for 
any  portion  of  the  stock  authorized  to  be  issued  by  the  said  law,  which 
has  not  been  subscribed  for,  nor  exceeding,  in  the  whole  amount,  one  and 
a  half  millions  of  dollars,  redeemable  at  a  period  not  longer  than  five 


500  THE    FIRE    LOAX    STOCK. 

years  from  the  time  the  said  stock  shall  be  issued,  and  he  may  issue  stock 
or  bonds  therefor,  in  the  manner  directed  by  the  said  law :  Provided 
that  no  such  offer  shall  be  accepted  for  any  portion  of  the  said  stock, 
below  the  par  value  thereof. 

g  2.  All  the  provisions  of  the  law  hereby  amended,  shall  be  applicable 
to  the  stock  which  may  be  issued  in  pursuance  of  the  foregoing  section,  in 
the  same  manner  as  to  the  stock  which  may  have  been  subscribed  for 
under  the  said  law,  excepting  so  far  as  they  are  inconsistent  therewith. 


A  Law,  to  provide  for  loaning  the  surplus  of  the  Fire  Loan  Stock  of 
the  city  of  New  York,  to  the  Safety  Fund  Banks  of  the  city.  (Passed 
March  3,  1836.) 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows  . 

§1.  The  Comptroller  may  issue,  as  pa»t  of  the  residue  of  the  stock 
authorized  to  be  issued  by  an  act  of  the  legislature,  entitled  "  An  act  to 
authorize  the  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New 
York,  to  raise  money  on  loan,  and  for  other  purposes,"  to  the  amount  of 
one  and  a  half  million  of  dollars  in  stock. 

\  2.  Such  stock  shall  be  issued,  bearing  an  interest  of  five  per  centum 
per  annum,  and  shall  be  redeemable,  one-third  in  two  years,  and  one- 
third  in  three  years,  and  one-third  in  four  years  from  the  passage  of 
this  law. 

g  3.  Such  stock  may  be  loaned  to  such  of  the  banks  in  this  city,  as 
are  under  the  Safety  Fund  Law,  to  an  amount  to  be  determined  by  the 
Joint  Committee  hereinafter  named,  not  exceeding,  to  any  one  bank,  the 
half  of  the  capital  of  such  bank,  upon  the  conditions  hereinafter  mentioned. 

I  4.  Each  of  the  said  banks  may  borrow  such  portion  of  the  said 
stock,  as  may  be  determined  by  the  said  Committee,  on  delivering  to  the 
Comptroller,  the  obligation  of  such  bank,  in  the  penal  sum  of  double  the 
amount  loaned,  conditioned  for  the  return  of  the  said  stock  to  the  Mayor, 
Aldermen  and  Commonalty  of  the  city  of  New  York,  at  the  times  when 
the  same  shall  become  redeemable  ;  also,  for  the  payment  of  the  interest 
on  the  said  stock,  at  the  rate  of  five  and  a  half  per  centum  per  annum, 
in  half  yearly  payments,  at  the  same  time  that  the  interest  on  the  said 
stock  shall  become  payable ;  and  also,  that  the  said  stock  shall  not,  at 
any  time,  be  sold  to  any  person  whatever  ;  that  the  said  stock  shall  not 
be  used  by  way  of  hypothecation,  or  otherwise,  in  the  state  of  New  York, 


THE    FIRE    LOAN   STOCK.  501 

or  to  any  inhabitant  thereof ;  and  that  the  said  bank  will  save  harmless, 
and  indemnify  the  said  Mayor,  Aldermen  and  Commonalty  of  the  city 
of  New  York,  against  any  claim  whatever,  for  or  on  account  of  the  said 
stock ;  and  also  will,  when  required  so  to  do  by  the  Comptroller,  sub- 
scribe for  a  portion  of  the  residue  of  the  said  stock,  not  exceeding  one- 
third  of  the  amount  of  the  stock  to  be  loaned  to  them  by  virtue  hereof, 
as  is  directed  by  the  eighth  section  of  this  ordinance. 

\  5,  In  addition  to  the  obligations  of  the  said  banks,  there  shall  also 
be  required,  the  bond  of  such  of  the  directors  of  each  bank,  as  shall  be 
deemed  sufficient  by  the  Joint  Committee  hereafter  named,  conditioned 
for  the  return  of  the  said  stock,  and  payment  of  the  said  interest,  accord- 
ing to  the  obligation  of  each  bank,  and  for  the  punctual  performance  of 
all  the  covenants  and  conditions  of  each  bank  in  regard  to  the  same. 

\  6.  Any  of  the  said  banks  may,  at  any  time,  return  the  said  stock 
loaned  to  them,  and  pay  up  the  interest  thereon  ;  and  on  such  sur- 
render of  all  the  stock  loaned  to  them,  and  payment  of  such  interest,  the 
Comptroller  may,  with  the  consent  of  the  Mayor  and  Presidents  of  both 
Boards  of  the  Common  Council,  or  a  majority  of  them,  deliver  up  the 
obligation  and  bond  given  by  such  bank  and  their  directors. 

§  7.  The  Comptroller  may  issue,  for  the  balance  of  the  stock  so  authorized 
as  aforesaid,  to  the  amount  of  five  hundred  thousand  dollars,  at  an  interest 
of  five  per  centum  per  annum,  redeemable  at  the  pleasure  of  the  Com- 
mon Council,  after  one  year  from  the  passage  of  this  law,  when  directed 
so  to  do  by  the  said  Joint  Committee. 

1 8.  Each  of  the  said  banks,  before  receiving  the  said  stock  so  to  be 
loaned  as  aforesaid,  shall,  if  required  so  to  do  by  the  Joint  Committee, 
appointed  under  the  ninth  section  of  the  ordinance  of  the  Common 
Council,  entitled  "  A  law  to  regulate  the  purchase  of  bonds  and  mort- 
gages, which  belonged,  on  the  eighteenth  day  of  December,  in  the  year 
one  thousand  eight  hundred  and  thirty-five,  to  any  of  the  Fire  Insurance 
Companies  in  the  city  of  New  York,  which  have  become  insolvent,  or 
whose  capital  may  have  been  impaired  by  losses  occasioned  by  the  fire 
of  the  sixteenth  and  seventeenth  of  that  month,  and  to  provide  the  funds 
necessary  for  that  purpose,  'passed  February  sixteenth,  one  thousand 
eight  hundred  and  thirty-six,"  subscribe  for  a  portion  of  said  stock,  not 
exceeding  one-third  of  the  amount  loaned,  to  be  issued  as  is  directed  in  the 
sixth  section  of  this  law,  at  par,  not  exceeding  one-third  of  the  amount 
which  may  be  loaned  to  them  respectively. 

2  9.  On  receiving  a  certificate  of  the  deposit  of  the  amount,  of  the  par 


502  THE    FIRE    LOAN    STOCK. 

value  of  the  stock  so  to  be  subscribed  for  by  any  of  the  said  banks,  in 
the  Mechanics'  Bank,  to  the  credit  of  the  Mayor  Aldermen  and  Com- 
monalty of  the  city  of  New  York,  on  account  of  the  Fire  Loan  Stock 
of  the  city  of  New  York,  the  Comptroller  shall  deliver  to  the  President 
of  the  bank,  making  such  deposit,  the  amount  of  stock  so  subscribed  and 
paid  for. 

$  10.  On  the  payment  of  the  said  money,  in  the  mode  directed  in  the 
last  section,  and  the  delivery  to  the  Comptroller  of  the  said  obligation 
and  bond  hereinbefore  mentioned,  on  behalf  of  any  of  the  said  banks, 
approved  of  by  the  Counsel  of  the  Corporation,  and  the  Joint  Committee 
mentioned  in  the  seventh  section  of  this  law,  or  in  case  a  subscription  for 
the  said  stock  shall  not  be  required,  then,  on  the  delivery  of  the  said 
obligation  and  bond  as  aforesaid,  it  shall  be  the  duty  of  the  Comptroller 
to  deliver  to  the  President  of  such  bank,  the  proportion  of  the  stock 
directed  to  be  issued  by  the  first  section  of  this  law,  which  may  have 
been  determined  by  the  said  committee  to  be  loaned  to  such  bank,  and 
which  shall  be  secured  by  the  said  obligation  of  the  said  bank,  and  bond 
of  the  directors  thereof. 

§  11.  All  the  provisions  of  the  said  ordinance  of  the  Common  Council, 
passed  February  sixteenth,  one  thousand  eight  hundred  and  thirty-six, 
and  mentioned  in  the  seventh  section  of  this  law,  relating  to  the  charge, 
custody  and  deposit  of  the  moneys  to  be  received,  and  the  redemption  of 
the  stock,  and  also  to  the  Sinking  Fund,  are  hereby  made  applicable  to 
the  stock  to  be  issued  under  this  law. 


A  Law,  further  to  amend  a  law  "  To  regulate  the  purchase  of  bonds 
and  mortgages,  which  belonged  on  the  18th  day  of  December,  in  the 
year  1835,  to  any  of  the  Fire  Insurance  Companies  in  the  city  of  New 
York,  whose  capital  may  have  been  impaired  by  losses  occasioned  by  the 
fire  of  the  16th  and  17th  of  that  month,  and  to  provide  the  funds  neces- 
sary for  that  purpose.  (Passed  July  12,  1836.) 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows.- 

$  1.  The  Comptroller  is  hereby  authorized,  under  the  direction  of  the 
Select  Committee,  mentioned  in  the  ninth  section  of  the  law  hereby 
amended,  to  receive  and  accept  proposals,  at  any  time  previous  to  the 
hour  of  four  o'clock  in  the  afternoon,  of  the  twelfth  day  of  July  instant, 
for  a  loan  of  not  exceeding  seven  hundred  thousand  dollars,  at  an  interest 


THE    PUBLIC    BUILDING   STOCK.  503 

of  five  per  centum  per  annum,  and  redeemable  within  seventeen  years 
from  the  sixteenth  day  of  January  last,  upon  any  portion  of  the  stock 
authorized  to  be  issued  by  the  law  hereby  amended,  not  already  sub- 
scribed for  or  issued  :  Provided,  that  offers  made  for  the  said  loan  or 
parts  thereof,  for  the  shortest  period  or  periods,  and  at  a  rate  or  rates 
not  less  than  par,  shall  be  preferred. 

g  2.  The  Commissioners  of  the  Sinking  Fund  of  the  city  of  New  York, 
are  hereby  authorized,  to  invest  such  moneys  as  may  remain  in  their 
hands,  belonging  to  the  said  fund,  in  the  said  loan,  or  purchase  of  the 
said  stock,  under  the  direction  of  the  said  committee. 

§  3.  It  shall  be  lawful  for  the  said  Comptroller,  when  authorized  so  to 
do  by  the  said  committee,  to  receive  the  said  stock  at  par,  in  payment 
of  the  amount  due  upon  any  bond  and  mortgage  which  shall  have 
been  purchased  under  the  law  hereby  amended,  or  to  ssll  any  such  bond 
and  mortgage,  and  to  take  the  said  stock  in  payment  therefor  ;  and  the 
fourteenth  section  of  the  law  hereby  amended  shall  be  applicable  to  all 
assignments  which  may  be  required  to  be  executed,  in  pursuance  of  this 
. section. 

$4.  All  the  provisions  of  the  law  hereby  amended,  except  so  far  as 
they  may  be  inconsistent  with  this  law,  shall  be  applicable  to  the  stock 
which  may  be  issued  in  pursuance  of  this  law. 


Of  "  The  Public  Building  Stock  of  the  city  of  New  York." 

A  Law  to  create  a  Public  Fund  or  Stock,  to  be  called  "  The  Public 
Building  Stock  of  the  city  of  New  York."  (Passed  August  8, 1836.) 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows: 

1 1.  A  public  fund  or  stock,  to  be  called  "The  Public  Building  Stock 
of  the  city  of  New  York,"  shall  be  created  for  a  loan  of  two  hundred  and 
fifty  thousand  dollars,  which  shall  bear  an  interest  of  not  exceeding  five 
per  centum  per  annum,  payable  half  yearly,  and  shall  be  redeemable  on 
or  after  the  sixth  day  of  May,  which  shall  be  in  the  year  one  thousand 
eight  hundred  and  fifty-six. 

3  2.  The  nominal  amount  or  value  of  each  share  of  the  said  stock,  shall 
be  one  hundred  dollars,  and  the  portion  of  said  stock  hereby  directed  to 
:-be  issued,  shall  consist  of  two  thousand  five  hundred  shares. 


504  THE    PUBLIC    BUILDING    STOCK. 

g  3.  The  Comptroller  is  hereby  authorized  and  directed  to  advertise 
for  proposals,  to  be  received  at  any  time  previous  to  the  fifth  day  of  Sep- 
tember next,  and  not  to  be  opened  until  that  day,  for  the  loan  of  the 
said  sum  of  two  hundred  and  fifty  thousand  dollars,  payable  on  the 
fifteenth  day  of  September  next ;  and  such  proposals  may  be  made  for 
any  portion  of  the  said  sum,  not  less  than  the  par  value  of  one  share  of 
the  said  stock. 

$  4.  The  Finance  Committees  of  both  Boards  of  the  Common  Council, 
and  the  Comptroller,  shall  determine,  on  or  after  the  fifth  day  of  Sep- 
tember next,  which  and  what  proportion  of  the  said  proposals  shall  be 
accepted,  and  the  said  Comptroller  shall  issue  certificates  for  the  number 
of  shares  necessary  to  make  up  the  said  sum  of  two  hundred  and  fifty 
thousand  dollars,  to  the  person  or  persons,  company  or  companies,  whose 
proposals  shall  have  been  accepted. 

|  5.  The  said  certificates  shall  be  made  in  conformity  with  the  resolu- 
tion of  the  Common  Council,  passed  on  the  seventh  day  of  August,  one 
thousand  eight  hundred  and  thirty-five,  and  shall  be  signed  by  the  Comp- 
troller and  countersigned  by  the  Mayor. 

g  6.  The  said  Comptroller  shall  keep  a  separate  and  distinct  account  of 
all  moneys  received  and  paid  on  account  of  said  stock,  and  the  provisions 
of  the  ordinance  entitled  "  A  law  providing  for  the  redemption  of  the 
City  Stock,"  so  far  as  the  same  can  be  applied  to  the  stock  hereby 
created,  shall  be  applicable  to  the  same'. 


A  Law  to  amend  a  law,  entitled  "  A  law  to  create  a  Public  Fund  or 
Stock,  to  be  called  '  The  Public  Building  Stock  of  the  city  of  New 
York.' "  (Passed  September  14,  1836.) 

The  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New  York  in  Com- 
mon Council  convened,  do  ordain  as  follows.' 

\  1.  The  Comptroller  is  hereby  authorized,  with  the  advice  and  con- 
sent of  the  Finance  Committees  of  the  Common  Council,  to  receive  and 
accept  such  proposals  as  may  be  offered  to  him,  for  so  much  of  the  loan 
of  two  hundred  and  fifty  thousand  dollars,  mentioned  in  the  law  hereby 
amended,  as  may  not  have  been  proposed  for  and  accepted  previous  to 
the  fifth  day  of  September  instant. 


THE    PUBLIC    BUILDING    STOCK.  505 

A  Law,  in  addition  to  the  law  entitled  "  A  law  to  create  a  Public 
Fund  or  stock,  to  be  called  '  The  Public  Building  Stock  of  the  city  of 
New  York."  (Passed  January  20,  1838.) 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  do  ordain 
as  follows  : 

§1.  An  addition  to  the  public  fund  or  stock,  called  "The   Public 
Building  Stock  of  the  city  of  New  York  shall  be  created,  for  a  loan  o 
two  hundred  and  fifty  thousand  dollars,  which  shall  bear  an  interest  On 
not  exceeding  five  per  centum  per  annum,  payable  half  yearly,  and  shall  e 
be  redeemable  on  or  after  the  the  sixth  day  of  May,  which  will  be  in  the 
year  one  thousand  eight  hundred  and  fifty-six, 

§  2.  The  said  stock  shall  consist  of  two  thousand  five  hundred  shares, 
and  the  nominal  value  of  each  share  of  the  said  stock  shall  be  one  hun- 
dred dollars. 

g  3.  The  Comptroller  is  hereby  authorized  and  directed  to  receive  pro- 
posals for  said  loan  of  two  hundred  and  fifty  thousand  dollars,  or  for  any 
portion  of  said  sum,  not  less  than  the  par  value  of  one  share  of  said  stock, 
at  such  times  as  the  Finance  Committees  of  the  Common  Council  shall 
direct.  Said  proposals  shall  be  made  for  cash,  or  on  such  terms  as  shall 
be  directed  by  the  said  committees ;  but  no  such  stock  shall  be  i  ssued 
under  par. 

§  4.  The  Finance  Committees  of  Both  Boards  of  the  Common  Council, 
and  the  Comptroller,  shall  determine  which  and  what  proportion  of  the 
said  proposals  shall  be  accepted,  and  the  said  Comptroller  shall  issue  the 
certificates  necessary  to  make  up  the  said  sum  of  two  hundred  and  fifty 
thousand  dollars,  to  the  person  or  persons,  company  or  companies,  whose 
proposals  shall  have  been  accepted. 

|  5 .  The  said  certificates  shall  be  made  in  conformity  with  the  resolu- 
tion of  the  Common  Council,  passed  on  the  seventh  day  of  August,  one 
thousand  eight  hundred  and  thirty-five,  and  shall  be  signed  by  the  Comp- 
troller, and  countersigned  by  the  Mayor. 

§  6.  The  said  Comptroller  shall  keep  a  separate  and  distinct  account 
of  all  moneys  received  and  paid  on  account  of  the  Public  Building  Stock, 
and  the  provisions  of  the  ordinance  entitled  -'A  law  providing  for  the 
redemption  of  the  City  Stock,  so  far  as  the  same  can  be  applied  to  the 
stock  hereby  created,  shall  be  applicable  to  the  same. 
33 


506  THE    FIRE    INDEMNITY    STOCK. 

Of  "  The  Fire  Indemnity  Stock  of  the  City  of  New  York.11 

A  Law  to  create  a  public  fund  or  stock,  to  be  called  "  The  Fire  Indem- 
nity Stock  of  the  city  of  New  York.— (Passed  May  3,  1838.) 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  an  follows: 

§  1.  A  public  fund  or  stock,  to  be  called  "  The  Fire  Indemnity  Stock 
of  the  city  of  New  York,"  shall  be  created,  for  a  loan  of  not  more  than 
six  hundred  thousand  dollars,  which  shall  bear  an  interest  of  not  exceed- 
ing five  per  centum  per  annum,  payable  half  yearly  ;  the  one-half  of  such 
stock  shall  be  redeemable  on  or  after  the  tenth  day  of  May,  in  the  year 
one  thousand  eight  hundred  and  sixty-eight,  and  one- half  of  such  stock 
on  or  after  the  tenth  day  of  May,  in  the  year  one  thousand  eight  hundred 
and  fifty-eight. 

$  2.  The  nominal  amount  or  value  of  each  share  of  the  said  stock  shall 
be  one  hundred  dollars. 

g  3.  The  Comptroller  is  hereby  authorized  and  directed  to  advertise 
for  proposals,  or  to  dispose  of,  at  private  sale,  under  the  direction  of  the 
Finance  Committees  of  both  Boards,  for  the  whole  or  either  portion  of 
the  said  stock,  at  such  times,  and  for  such  sums,  as  shall  be  necessary  to 
be  applied  to  and  expended  in  paying  the  damages  already  recovered, 
and  that  may  hereafter  be  recovered,  against  the  Mayor,  Aldermen  and 
Commonalty  of  the  city  of  New  York,  by  reason  of  the  blowing  up  and 
destruction  of  sundry  buildings  in  the  said  city,  during  the  continuance 
of  the  great  fire  in  said  city,  in  December,  one  thousand  eight  hundred 
and  thirty-five,  and  the  expenses  attending  such  recoveries  ;  and  the 
stock  to  be  issued  under  this  law  shall  not  exceed  the  amount  necessary 
for  that  purpose. 

g  4.  The  certificates  shall  be  made  and  signed  in  conformity  with  the 
resolution  of  the  Common  Council,  passed  the  seventh  day  of  August, 
one  thousand  eight  hundred  and  thirty-five. 

\  5.  The  Comptroller  shall  keep  a  separate  and  distinct  account  of  all 
moneys  received  and  paid  on  account  of  said  stock. 

$6.  The  provisions  of  the  ordinance  entitled  "A  law  providing  for 
the  redemption  of  the  City  Stock,"  a?  far  as  the  same  can  be  applied  to 
the  stock  hereby  created,  shall  be  applicable  to  the  same. 

§  7.  There  shall  be  application  made  annually  to  the  legislature,  for 
authority  to  raise,  in  addition  to  the  amount  annually  required  for  taxes, 


THE   FLOATING   DEBT    STOCK.  507 

the  further  sum  of  twenty-five  thousand  dollars,  which  shall  be,  and  here- 
by is,  appropriated  to  the  redemption  of  the  said  stock,  and  shall  not  be 
used  for  any  other  purpose  whatever ;  and  the  same  shall  be  paid  to  the 
Commissioners  of  the  Sinking  Fund  therefor. 


(Resolutions,  passed  November  30,  1838.) 

Resolved,  That  the  suits  and  claims  for  damages  sustained  by  the 
blowing  up  of  buildings  during  the  great  fire,  be  referred  to  the  Finance 
Committees,  together  with  the  Law  Committees  of  both  Boards,  with 
power  to  direct  the  further  prosecution  or  defense  of  the  same  or  some 
of  them,  or  to  settle  and  pay  the  same,  or  some  of  them ;  and  all  ex- 
penses attending  the  same,  as  they  in  their  discretion  shall  judge  pro- 
per ;  and  to  direct  the  sale  and  transfer  of  so  much  of  the  stock  of  the 
Fire  Indemnity  Loan,  as  shall  be  necessary  to  make  such  payments. 

Resolved,  That  the  Comptroller  be  authorized  to  sell  and  dispose  of  so 
much  of  the  stock  of  the  Fire  Indemnity  Loan,  and  to  pay  such  claims 
as  the  Finance  Committees,  in  pursuance  of  the  above  resolution,  shall 
direct. 


Of  "  The  Floating  Debt  Stock  of  the  City  of  New  York.'1 

An  Ordinance  to  create  a  public  fund  or  stock,  to  be  called  "  The 
Floating  Debt  Stock  of  the  city  of  New  York,"  to  be  applied  exclu- 
sively to  the  payment  of  the  Floating  Debt  of  the  said  city,  contracted 
before  the  first  day  of  January,  1840.— (Passed  June  8,  1840). 

The  Mayor,  Aldermen  and   Commonalty  of  the   City  of  New  York,  in 
Common  Council  convened,  do  ordain  as  follows  : 

2  1.  A  public  fund  or  stock,  to  be  called  "  The  Floating  Debt  Stock 
of  the  city  of  New  York,"  shall  be  created  for  a  loan  of  four  hundred 
thousand  dollars,  which  shall  bear  an  interest  of  not  exceeding  six  per 
cent,  per  annum,  payable  semi-annually,  on  the  first  day  of  February 
,  and  August  in  each  year,  hereafter,  and  shall  be  redeemable  at  such  pe- 
riods not  exceeding  seven  years,  as  may  be  determined  on  by  the  Com- 
mittees of  Finance  of  both  Boards  of  the  Common  Council. 

g  2.  The  Comptroller  is  hereby  authorized,  under  the  direction  of  the 
said  Committees  on  Finance,  to  sell  and  dispose  of  the  same  from  time 
to  time,  upon  such  terms,  and  in  such  manner,  as  the  said  committees 


508  THE    CROTOX    WATER    STOCK. 

shall  deem  proper,  and  to  apply  the  proceeds  thereof  exclusively  to  the 
payment  of  the  Floating  Debt  of  the  said  city,  contracted  before  the 
first  day  of  January,  1840. 

§  3.  The  faith  of  the  city  of  New  York,  and  the  taxes  authorized  to 
be  raised  by  an  act  of  the  Legislature  of  the  State  of  New  York,  pass- 
ed May  14,  1840,  authorizing  the  Mayor,  Aldermen  and  Commonalty 
of  the  city  of  New  York,  to  fund  and  pay  old  Floating  Debt  of  the  said 
city,  are  hereby  pledged  for  the  redemption  of  the  said  stock  or  loan, 
and  the  interest  thereon. 

g  4.  The  said  Comptroller  shall  keep  a  separate  and  distinct  account 
of  the  said  stock,  and  of  all  sums  received  and  paid  on  account,  and  shall 
report  to  each  Board  of  the  Common  Council,  once  in  every  three 
months,  a  full  and  particular  statement  thereof. 

§  5.  The  certificates  of  such  stock  shall  be  made  in  conformity  with 
the  resolution  of  the  Common  Council,  passed  August?,  1835,  and  shall 
be  signed  by  the  Comptroller  and  countersigned  by  the  Mayor. 


Of  "  The  Croton  Water  Stock." 

An  Ordinance  to  create  a  public  stock  or  fund,  to  be  called   "  The 
Croton  Water  Stock."— (Passed  December  24,  1845). 
The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com. 

mon  Council  convened,  do  ordain  as  follows* 

1 1.  A  public  fund  or  stock,  to  be  called  "  The  Croton  Water  Stock," 
shall  be  created,  for  a  loan  of  five  hundred  thousand  dollars,  which  shall 
bear  an  interest  not  exceeding  six  per  centum  per  annum,  payable  quar- 
terly, and  be  redeemable  on  or  before  the  first  day  of  February,  in  the 
year  one  thousand  eight  hundred  and  ninety. 

\  2.  The  said  stock  shall  consist  of  five  thousand  shares,  and  the 
nominal  value  of  each  share  shall  be  one  hundred  dollars  each. 

£3.  The  Comptroller  is  hereby  authorized,  with  the  assent  of  the  Fi- 
nance Committees  of  both  Boards  of  the  Common  Council,  to  advertise 
for  proposals  for  the  whole  or  any  portion  of  the  said  stock  ;  the  propo- 
sals so  to  be  received  shall  be  opened  in  the  presence  of  said  committees, 
who,  with  the  Comptroller,  shall  determine  which  and  what  portions  of 
such  proposals  shall  be  accepted. 


THE    CROTON    WATER    STOCK.  509 

§  4.  The  Comptroller  shall  issue  certificates  of  stock  to  the  person  or 
persons,  company  or  companies,  whose  proposals  shall  have  been  so  ac- 
cepted ;  provided,  the  par  value  of  such  stock,  together  with  any  pre- 
mium to  be  given  therefor,  shall  have  been  deposited  in  the  City  Trea- 
sury for  the  account  of  "  Croton  Water  Stock." 

g  5.  The  said  certificates  shall  be  made  in  conformity  with  the  resolu- 
tion of  the  Common  Council,  passed  on  the  seventh  day  of  August,  one 
thousand  eight  hundred  and  thirty-five,  and  shall  be  signed  by  the  Comp- 
troller, and  be  countersigned  by  the  Mayor. 

§  6.  The  money  to  be  loaned  by  virtue  of  this  ordinance  shall  be  ap- 
plied to,  and  expended  for,  the  completion  of  the  Crotou  Aqueduct,  and 
the  payment  of  claims  for  damage,  by  injury  to  water  rights  on  the 
Croton  river,  and  the  destruction  of  property  by  the  breaking  away  of 
the  Croton  dam,  and  the  legal  expenses  attendant  thereon  ;  and  be 
drawn  only  on  the  requisition  of  the  State  Water  Commissioners. 

$  7.  The  provisions  of  the  ordinance,  entitled  "An  ordinance  provid- 
ing for  the  redemption  of  the  City  Debt,  and  the  payment  of  the  interest 
thereon,"  approved  by  the  Mayor,  February  22, 1844,  so  far  as  the  same 
can  apply  to  the  stock  hereby  created,  shall  be  applicable  to  the  same. 


An  Ordinance  to  create  a  public  stock  or  fund,  to  be  called  "  Croton 
Water  Stock."— (Passed  August  14,  1851). 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows: 

§  1.  A  public  fund  or  stock,  to  be  called  "The  Croton  Water  Stock," 
shall  be  crealed  for  a  loan  of  three  hundred  and  fifty  thousand  dollars, 
which  shall  bear  an  interest  not  exceeding  five  per  centum  per  annum, 
payable  quarterly,  and  redeemable  on  or  before  the  first  day  of  Februa- 
ry, in  the  year  one  thousand  eight  hundred  and  ninety. 

§  2.  The  said  stock  shall  consist  of  three  thousand  five  hundred  shares, 
and  the  nominal  value  of  each  share  shall  be  one  hundred  dollars. 

§  3.  The  Comptroller  is  hereby  authorized  to  advertise  for  proposals, 
for  the  whole  or  any  portion  of  said  stock ;  the  proposals  so  to  be  re- 
ceived, shall  be  opened  in  the  presence  of  the  Commissioners  of  the  Sink- 
ing Fund,  who,  with  the  Comptroller,  shall  determine  which  and  what 
portions  of  such  proposals  shall  be  accepted. 


510  THE   CROTON    WATER    STOCK. 

§  4.  The  Comptroller  shall  issue  certificates  of  stock  to  the  person  or 
persons,  company  or  companies,  whose  proposals  shall  have  been  so  ac- 
cepted ;  provided  the  par  value  of  such  stock,  together  with  any  pre- 
mium to  be  given  therefor,  shall  have  been  deposited  in  the  City  Trea~ 
sury  for  the  account  of  "  Croton  Water  Stock." 

I  5.  The  said  certificates  shall  be  in  conformity  with  the  resolution  of 
the  Common  Council,  passed  on  the  7th  day  of  August,  1835,  and  shall 
be  signed  by  the  Comptroller  and  be  countersigned  by  the  Mayor. 

$  6.  The  moneys  to  be  raised  by  virtue  of  this  act  shall  be  applied  to, 
and  expended  for,  the  purpose  of  reimbursing  the  treasury  of  the  city  of 
New  York  the  amount  advanced  for  extending  water  pipes  (mains)  in 
said  city,  for  the  distribution  of  the  Croton  water,  and  for  the  further 
extension  of  the  same. 

§  7.  The  provisions  of  the  ordinance,  entitled  "  An  ordinance  provid- 
ing for  the  redemption  of  the  city  debt  and  the  payment  of  the  interest 
thereon,"  approved  by  the  Mayor,  February  22,  1844,  so  far  as  the 
same  can  apply  to  the  stock  hereby  created,  shall  be  applicable  to  the 
same. 


An  Ordinance  to  create  a  public  stock  or  fund,  to  be  called  "  Croton 
Water  Stock."—  (Passed  May  20, 1852). 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows: 

1 1.  A  public  fund  or  stock,  to  be  called  "The  Croton  Water  Stock," 
shall  be  created  for  a  loan  of  one  hundred  and  fifty  thousand  dollars, 
which  shall  bear  an  interest  not  exceeding  five  per  cent,  per  annum, 
payable  quarter-yearly,  and  redeemable  on  or  before  the  first  day  of 
February,  in  the  year  one  thousand  eight  hundred  and  ninety. 

$  2.  The  said  stock  shall  consist  of  one  thousand  five  hundred  shares, 
and  the  nominal  value  of  each  share  shall  be  one  hundred  dollars. 

g  3.  The  Comptroller  is  hereby  authorized  to  advertise  for  proposals 
for  the  whole  or  any  portion  of  said  stock  ;  the  proposals,  so  to  be  re- 
ceived, shall  be  opened  in  the  presence  of  the  Commissioners  of  the 
Sinking  Fund,  who,  with  the  Comptroller,  shall  determine  which  and 
what  portions  of  such  proposals  shall  be  accepted. 

I  4.  The  Comptroller  shall  issue  certificates  of  stock  to  the  person  or 
persons,  company  or  companies,  whose  proposals  shall  have  been  so  ac- 


BUILDING    LOAN    STOCK!   NO.    2.  511 

cepted,  provided  the  par  value  of  such  stock,  together  with  any  premium 
to  be  given  therefor,  shall  have  been  deposited  in  the  city  treasury  for 
the  account  of"  The  Croton  Water  Stock." 

§  5.  The  said  certificates  shall  be  in  conformity  with  the  resolution  of 
the  Common  Council,  passed  on  the  7th  day  of  August,  1835,  and  shall 
be  signed  by  the  Comptroller,  and  be  countersigned  by  the  Mayor. 

g  6.  The  moneys  to  be  raised  by  virtue  of  this  ordinance  shall  be  ap- 
plied to,  and  expended  for,  the  purpose  of  reimbursing  the  treasury  of 
the  city  of  New  York,  the  amounts  advanced  for  extending  water  pipes 
(mains)  in  said  city,  for  the  distribution  of  the  Croton  water,  and  for 
the  further  extension  of  the  same. 

$  7.  The  provisions  of  an  ordinance  entitled  "  An  ordinance  provid- 
ing for  the  redemption  of  the  city  debt,  and  the  payment  of  the  interest 
thereon,"  approved  by  the  Mayor,  February  22,  1844,  so  far  as  the 
same  can  apply  to  the  stock  hereby  created,  shall  be  applicable  to  the 
same. 


Of  "Building  Loan  Stock  No.  2." 

An  Ordinance  to  create  a  public  stock  or  fund,  to  be  called  "  Building 
Loan  Stock  No.  2."— (Passed  Nov.  24,  1845). 

The  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New  Yoik  in  Com- 
mon Council  convened,  do  ordain  as  Jollows  : 

$  1.  A  public  fund  or  stock,  to  be  called  "  Building  Loan  Stock  No. 
2,"  shall  be  created  for  a  loan  of  one  hundred  and  fifty  thousand  dollars, 
which  shall  bear  an  interest  not  exceeding  six  per  centum  per  annum 
payable  quarterly,  and  be  redeemable  as  follows,  to  wit :  fifty  thousand  dol- 
lars on  the  first  day  of  February,  one  thousand  eight  hundred  and  forty- 
nine  ;  fifty  thousand  dollars  on  the  first  day  of  February,  one  thousand 
eight  hundred  and  fifty,  and  fifty  thousand  dollars  on  the  first  day  of 
February,  one  thousand  eight  hundred  and  fifty-one. 

$  2.  The  said  stock  shall  consist  of  fifteen  hundred  shares,  and  the 
nominal  value  of  each  share  shall  be  one  hundred  dollars. 

\  3.  The  Comptroller  is  hereby  authorized,  with  the  assent  of  the  Fi- 
nance Committees  of  both  Boards  of  the  Common  Council,  to  advertise 
for  proposals  for  the  whole  or  any  portion  of  the  said  stock  ;  the  propo- 
sals so  to  be  received  shall  be  opened  in  the  presence  of  said  committees, 


512  BUILDING   LOAN    STOCK    NO.   2. 

who,  with  the  Comptroller,  shall  determine  which,  and   what  proportion 
of  such  proposals  shall  be  accepted. 

g  4.  The  Comptroller  shall  issue  certificates  of  stock  to  the  person  or 
persons,  company  or  companies,  whose  proposals  shall  have  been  so  ac- 
cepted ;  provided  the  par  value  of  such  stock,  together  with  any  pre- 
mium to  be  given  therefor,  shall  have  been  deposited  into  the  city  trea- 
sury for  the  account  of"  Building  Loan  Stock  No.  2." 

%  5.  The  said  certificates  shall  be  made  in  conformity  with  the  resolu- 
tion of  the  Common  Council,  passed  on  the  seventh  day  of  August,  one 
thousand  eight  hundred  and  thirty-five,  and  shall  be  signed  by  the  Comp- 
troller, and  be  countersigned  by  the  Mayor. 

|  6.  The  money  to  be  loaned  by  virtue  of  this  ordinance  shall  be  ap- 
plied to,  and  expended  for,  the  erection  of  the  buildings  known  as  the 
Nurseries  and  Alms-house ;  and  the  Comptroller  shall  keep  a  separate 
and  distinct  account  of  such  money  received  and  paid  on  account  of  said 
stock  and  building. 

g  7.  The  provisions  of  the  ordinance  entitled  "  An  ordinance  provid- 
ing for  the  redemption  of  the  City  Debt,  and  the  payment  of  the  interest 
thereon,"  approved  by  the  Mayor,  February  22,1844,  so  far  as  the  same 
can  be  applied  to  the  stock  hereby  created,  shall  be  applicable  to  the 
game. 


An  Ordinance  to  create  a  public  stock  or  fund,  to  be  called  "  Build- 
ing Loan  Stock,  No.  2."—  (Passed  June  23,  1847). 

The  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New  York,  in 
Common  Council  convened,  do  ordain  as  follows  .- 

\  1.  A  public  fund  or  stock  to  be  called  "  Building  Loan  Stock  No. 
2,"  shall  be  created  for  a  loan  of  one  hundred  thousand  dollars,  which 
shall  bear  an  interest  not  exceeding  six  per  cent,  per  annum,  payable 
quarterly,  and  be  redeemable  as  follows  :  Fifty  thousand  dollars  on  the 
first  day  of  February,  1852,  and  fifty  thousand  dollars  on  the  first  day 
of  February,  1853. 

§  2.  The  said  stock  shall  consist  of  one  thousand  shares,  and  the  nomi- 
nal value  of  each  share  shall  be  one  hundred  dollars. 

$  3.  The  Comptroller  is  hereby  authorized,  with  the  assent  of  the  Fi- 
nance Committees  of  both  Boards  of  the  Common  Council,  to  advertise 


BUILDING  LOAN    STOCK    NO.    2,  513, 

for  proposals  for  the  whole  or  any  portion  of  said  stock,  the  proposals 
so  to  be  received  shall  be  opened  in  the  presence  of  the  said  committees, 
who,  with  the  Comptroller,  shall  determine  which,  and  what  proportions 
of  such  proposals  shall  be  accepted. 

§  4.  The  Comptroller  shall  issue  certificates  of  stock  to  the  person  or 
persons,  company  or  companies,  whose  proposals  shall  have  been  accept- 
ed, provided  the  par  value  of  such  stock,  together  with  any  premium  to 
be  given  therefor,  shall  have  been  deposited  into  the  city  treasury  for  the 
account  of  "  Building  Loan  Stock  No.  2." 

g  5.  The  said  certificate  shall  be  made  in  conformity  with  the  resolu- 
tion of  the  Common  Council,  passed  on  the  7th  day  of  August,  1835,  and 
shall  be  signed  by  the  Comptroller,  and  countersigned  by  the  Mayor. 

g  6.  The  money  to  be  loaned  by  virtue  of  this  Ordinance,  shall  be  ap- 
plied to  and  expended  for  the  erection  of  buildings  to  be  known  as  the 
Nurseries  and  the  Mad  House,  and  for  the  extension  of  the  Lunatic 
Asylum,  and  the  Comptroller  shall  keep  a  separate  and  distinct  account 
of  such  money  received  and  paid  on  account  of  said  stock  and  buildings. 

§  7.  The  provisions  of  the  ordinance  entitled  "  An  ordinance,  provid- 
ing for  the  redemption  of  the  City  Debt,  and  the  payment  of  interest 
thereon, "approved  by  the  Mayor,  February  22,  1844,  so  far  as  the  same 
can  be  applied  to  the  stock  hereby  created,  shall  be  applicable  to  the 
same. 


An  Ordinance  to  create  a  public  stock  or  fund,  to  be  called  "  Building 
Loan  Stock  No.  2."—  (Passed  June  17,  1848). 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows: 

1 1.  A  public  fund  or  stock,  to  be  called  "  Building  Loan  Stock  No. 
2,"  shall  be  created,  for  a  loan  not  exceeding  one  hundred  thousand  dol- 
lars, which  shall  bear  an  interest  not  exceeding  six  per  cent,  per  annum, 
payable  quarterly,  and  be  redeemable  as  follows  :  Fifty  thousand  dol- 
lars on  the  first  day  of  February,  1854,  and  fifty  thousand  dollars  on  the 
first  day  of  February,  1855. 

|  2.  The  said  stock  shall  consist  of  one  thousand  shares,  and  the  nomi- 
nal value  of  each  share  shall  be  one  hundred  dollars. 

$3.  The  Commissioners  of  the  Sinking  Fund  are  hereby  authorized 


BUILDING    LOAN    STOCK    NO.   2. 

to  advertise  for  proposals  for  the  whole  or  any  portion  of  said  stock,  and 
determine  which  and  what  proportions  of  such  proposals  shall  be  ac- 
cepted. 

g  4.  The  Comptroller  shall  issue  certificates  of  stock  to  the  person  or 
persons,  company  or  companies,  whose  proposals  shall  have  been  ac- 
cepted, provided  the  par  value  of  such  stock,  together  with  any  pre- 
mium to  be  given  therefor,  shall  have  been  deposited  into  the  city  trea- 
sury for  the  account  of  "  Building  Loan  Stock  No.  2." 

|  5.  The  said  certificates  shall  be  made  in  conformity  with  the  resolu- 
tion of  the  Common  Council,  passed  on  the  seventh  day  of  August,  1835, 
and  shall  be  signed  by  the  Comptroller,  and  countersigned  by  the  Mayor. 

\  6.  The  money  so  to  be  loaned  by  virtue  of  this  ordinance,  shall  be 
applied  to,  and  expended  for,  the  erection  of  buildings,  to  be  known  as 
the  Nurseries  and  the  Mad-house,  and  for  the  extension  of  the  Lunatic 
Asylum  ;  and  the  Comptroller  shall  keep  a  separate  and  distinct  account 
of  such  money  received  and  paid  on  account  of  said  stock  and  buildings. 

§  7.  The  provisions  of  the  ordinance  entitled  "  An  ordinance  provid- 
ing for  the  redemption  of  the  City  Debt,  and  payment  of  interest  there- 
on," approved  by  the  Mayor,  February  22, 1844,  as  far  as  the  same  can 
apply  to  the  stock  hereby  created,  shall  be  applicable  to  the  same. 


An  Ordinance  to  create  a  public  fund  or  stock,  to  be  called  "  Build- 
ing Loan  Stock  No.  2."—  (Passed  January  26, 1849). 

TJie  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows  .- 

1 1.  A  public  fund  or  stock,  to  be  called  "  Building  Loan  Stock  No. 
2,"  shall  be  created  for  a  loan  not  exceeding  fifty  thousand  dollars 
which  shall  bear  an  interest  not  exceeding  six  per  cent,  per  annum,  paya- 
ble quarterly,  and  be  redeemable  on  the  first  day  of  February,  1856. 

I  2.  The  said  stock  shall  consist  of  five  hundred  shares,  and  the  nomi- 
nal value  of  each  share  shall  be  one  hundred  dollars. 

§  3.  The  Commissioners  of  the  Sinking  Fund  are  hereby  authorized 
to  advertise  for  proposals  for  the  whole  or  any  portion  of  said  stock, 
and  determine  which  and  what  proportion  of  such  proposals  shall  be  ac- 
cepted. 

§  4.  The  Comptroller  shall  issue  certificates  of  stock  to  the  person  or 


WASHINGTON   SQUARE   IRON   RAILING    STOCK.  515 

persons,  company  or  companies,  whose  proposals  shall  have  been  accept- 
ed, provided  the  par  value  of  such  stock,  together  with  any  premium  to 
be  given  therefor,  shall  have  been  deposited  into  the  city  treasury  for 
the  account  of  "  Building  Loan  Stock  No.  2." 

§  5.  The  said  certificates  shall  be  made  in  conformity  with  the  resolu- 
tion of  the  Common  Council,  passed  on  the  seventh  day  of  August,  1835, 
and  shall  be  signed  by  the  Comptroller,  and  countersigned  by  the  Mayor. 

g  6.  The  money  so  to  be  loaned  by  virtue  of  this  ordinance,  shall  be  ap- 
plied to,  aud  expended  for,  the  extension  of  the  Lunatic  Asylum,  and  for 
the  erection  of  buildings  to  be  known  as  the  Nurseries  and  the  Mad- 
house, and  other  almshouse  buildings,  including  the  Penitentiary  Hospi- 
tal ;  and  the  Comptroller  shall  keep  a  separate  and  distinct  account  of 
such  money  received  and  paid  on  account  of  said  stock  and  buildings. 

g  7.  The  provisions  of  an  ordinance  entitled  "  An  ordinance  provid- 
ing for  the  redemption  of  the  City  Debt,  and  the  payment  of  interest 
thereon,"  approved  by  the  Mayor,  February  22,  1844,  as  far  as  the  same 
can  be  applied  to  the  stock  hereby  created,  shall  be  applicable  to  the 
same. 


Of  "  Washington  Square  Iron  Railing  Stock." 

An  Ordinance  to  create  a  public  fund  or  stock,  to  be  called  "  "Wash- 
ington square  Iron  Bailing  Stock." — (Passed  November  1,  1848.) 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows: 

§  1.  A  public  fund  or  stock,  to  be  called  "  Washington  square  Iron 
Hailing  Stock,"  shall  be  created  for '  a  loan  not  exceeding  twenty-five 
thousand  dollars,  which  shall  bear  an  interest  not  exceeding  six  per  cent, 
per  annum,  payable  quarterly,  and  be  redeemable  as  follows,  viz  :  Five 
thousand  dollars  in  one  year  ;  five  thousand  dollars  in  two  years  ;  five 
thousand  dollars  in  three  years  ;  five  thousand  dollars  in  four  years  ;  the 
remaining  five  thousand  dollars  in  five  years ;  each  period  to  be  reckon- 
ed from  the  day  on  which  said  stock  bears  date. 

g  2.  The  said  stock  shall  consist  of  two  hundred  and  fifty  shares,  and 
the  nominal  value  of  each  share  shall  be  one  hundred  dollars. 

I  3.  The  Commissioners  of  the  Sinking  Fund  are  hereby  authorized  to 
sell  and  dispose  of  such  shares  at  public  auction,  or  at  private  sale,  or 
by  subscription  to  such  stock,  and  on  such  terms  as  they  shail  think  proper. 


516  THE    WATER    STOCK    OF   THE    YEAR    1849. 

1 4.  The  Comptroller  shall  issue  certificates  of  said  stock  to  the  party 
or  parties  to  whom  the  same  shall  have  been  sold,  or  awarded  by  the  said 
commissioners,  provided  the  par  value  of  such  stock,  together  with  any 
premium  to  be  given  therefor,  shall  have  been  deposited  into  the  city 
treasury,  for  the  account  of  "  Washington  square  Iron  Railing  Stock." 

§  5.  The  said  certificates  shall  be  made  in  conformity  with  the  resolu- 
tion of  the  Common  Council,  passed  on  the  seventh  day  of  August,  1835, 
and  shall  be  signed  by  the  Comptroller,  and  countersigned  by  the 
Mayor. 

g  6.  The  moneys  so  to  be  raised  by  virtue  of  this  ordinance,  shall  be 
applied  and  expended  to  and  for  the  purpose  of  building  or  constructing 
an  iron  railing  around  Washington  square,  in  the  city  of  New  York  ; 
and  the  Comptroller  shall  keep  a  separate  and  distinct  account  of  the 
money  received  and  paid  on  account  of  said  stock  and  iron  railing. 

$  7.  The  provisions  of  this  ordinance,  entitled  "  An  ordinance  provid- 
ing for  the  redemption  of  the  city  debt,  and  the  payment  of  interest 
thereon,"  approved  by  the  Mayor,  February  22,  1844,  as  far  as  the  same 
can  be  applied  to  the  stock  hereby  created,  shall  be  applicable  to  the 
same. 


Of  "  The  Water  Stock  of  the  City  of  New  York." 

An  Ordinance  relative  to  "  The  Water  Stock  of  the  City  of  New 
York."— (Passed  May  26,  1849). 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows  .• 

§1.  A  public  fund  or  stock,  to  be  called  "The  Water  Stock  of  the 
City  of  New  York,  of  the  year  one  thousand  eight  hundred  and  forty- 
nine,"  shall  be  created  for  a  loan  not  exceeding  two  hundred  thousand 
dollars,  which  shall  bear  an  interest  not  to  exceed  five  per  cent,  per  an- 
num, payable  quarterly,  and  be  redeemable  in  the  year  one  thousand 
eight  hundred  and  seventy-five. 

§2.  The  said  stock  shall  consist  of  two  thousand  shares,  and  the  nomi- 
nal value  of  each  share  shall  be  one  hundred  dollars. 

§  3.  That  the  Commissioners  of  the  Sinking  Fund  are  hereby  author- 
ized to  sell  and  dispose  of  such  shares  at  or  above  the  par  value  thereof, 
either  at  public  auction  or  private  sale,  or  to  raise  the  said  sum  by  sub- 


THE    WATER    STOCK    OF   THE    YEAR    1849.  517 

scriptions  for  such  stock  in  the  mode  in  which  such  stocks  are  usually 
subscribed  for. 

§  4.  The  Comptroller  shall  issue  certificates  of  stock  to  the  person  or 
persons,  company  or  companies,  whose  proposals  shall  have  been  accept- 
ed, provided  the  par  value  of  such  stock,  together  with  any  premium  to 
be  given  therefor,  shall  have  been  deposited  into  the  city  treasury  for  the 
account  of  "  The  Water  Stock  of  the  city  of  New  York  of  the  year  one 
thousand  eight  hundred  and  forty-nine." 

g  5.  The  said  certificates  shall  be  made  in  conformity  with  the  resolu- 
tion of  the  Common  Council,  passed  on  the  seventh  day  of  August, 
1835,  and  shall  be  signed  by  the  Comptroller,  and  countersigned  by  the 
Mayor. 

1 6.  The  moneys  to  be  raised  by  virtue  of  this  ordinance  shall  be  ap- 
plied and  expended  to  and  for  the  purpose  of  increasing  the  supply  of 
water  in  the  city ;  in  the  first  place,  exclusively  for  the  laying  of  new 
mains  from  the  Receiving  Reservoir  to  the  city,  reserving  the  surplus  (if 
any  there  shall  be)  for  the  future  action  of  the  Common  Council. 

g  7.  All  provisions  of  the  law  heretofore  passed,  pledging  the  faith  of 
the  city  of  New  York,  and  providing  a  sinking  fund  for  the  redemption 
of  the  stock  issued  by  virtue  thereof,  are  hereby  made  applicable  to  the 
stock  which  shall  be  issued  in  pursuance  of  this  ordinance,  as  far  as  the 
same  can  be  done. 


An  Ordinance  to  create  a  public  stock  or  fund,  to  be  called  "  The 
Water  Stock  of  the  city  of  New  York  of  the  year  one  thousand  eight 
hundred  and  forty-nine." — (Passed  December  19, 1849). 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows: 

§1.  A  public  stock  or  fund,  to  be  called  "The  Water  Stock  of  the 
city  of  New  York,  for  the  year  one  thousand  eight  hundred  and  forty- 
nine,"  shall  be  created  for  a  loan  not  exceeding  thirty  thousand  dollars, 
which  shall  JDear  an  interest  not  to  exceed  five  per  cent,  per  annum,  paya- 
ble quarterly,  and  be  redeemable  in  the  year  one  thousand  eight  hundred 
and  fifty-five. 

$2.  The  said  stock  shall  consist  of  three  hundred  shares,  and  the  nomi- 
nal value  of  each  share  shall  be  one  hundred  dollars. 


518  THE    WATER   STOCK   OF   THE   YEAR    1849. 

£3.  The  Commissioners  of  the  Sinking  Fund  are  hereby  authorized 
to  sell  and  dispose  of  such  shares  at  or  above  the  par  value  thereof, 
either  at  public  auction  or  private  sale,  or  to  raise  the  said  sum  by  sub- 
scriptions for  such  stock,  in  the  mode  in  which  such  stocks  are  usually 
subscribed  for. 

g  4.  The  Comptroller  shall  issue  certificates  of  stock  to  the  person  or 
persons,  company  or  companies,  whose  proposals  shall  have  been  accept- 
ed, provided  the  par  value  of  sach  stock,  together  with  any  premium  to 
be  given  therefor,  shall  have  been  deposited  in  the  city  treasury  for  ac- 
count of  "  The  Water  Stock  of  the  city  of  New  York,  of  the  year  one 
thousand  eight  hundred  and  forty-nine." 

g  5.  The  said  certificates  shall  be  made  in  conformity  with  the  resolu- 
tion of  the  Common  Council,  passed  on  the  seventh  day  of  August, 
1835,  and  shall  be  signed  by  the  Comptroller  and  countersigned  by  the 
Mayor. 

g  6.  The  moneys  to  be  raised  by  virtue  of  this  ordinance  shall  be  ap- 
plied and  expended  to  and  for  the  purpose  of  increasing  the  supply  of 
water  in  the  city  ;  in  the  first  place,  exclusively  for  the  laying  of  new 
mains  from  the  Receiving  Rese  v  >\r  to  the  city,  reserving  the  surplus  (if 
any  there  shall  be)  for  the  future  action  of  the  Common  Council. 

§  7.  All  the  provisions  of  the  law  heretofore  passed,  pledging  the  faith 
of  the  city  of  New  York,  and  providing  a  sinking  fund  for  the  redemp- 
tion of  the  stock  issued  by  virtue  thereof,  are  hereby  made  applicable  to 
the  stock,  which  shall  be  issued  in  pursuance  of  this  ordinance,  as  far  as 
the  same  can  be  done. 


An  Ordinance  to  create  a  public  stock  or  fund,  to  be  called  "  The 
Water  Stock  of  the  city  of  New  York,  of  the  year  one  thousand  eight 
hundred  and  forty  nine." — (Passed  December  9,  1850). 

Tke  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows: 

\  1.  A  public  stock  or  fund,  to  be  called  "  The  Water  Stock  of  the 
city  of  New  York,  of  the  year  one  thousand  eight  hundred  and  forty- 
nine,"  shall  be  created  for  a  loan  not  exceeding  twenty-five  thousand  six 
hundred  dollars,  which  shall  bear  an  interest  not  to  exceed  five  per  cent, 
per  annum,  payable  quarterly,  and  be  redeemable  in  the  year  one  thou- 
sand eight  hundred  and  seventy-five. 


BUILDING    LOAN    STOCK    NO.  3.  519 

\  2.  The  said  stock  shall  consist  of  two  hundred  and  fifty-six  shares, 
«,nd  the  nominal  value  of  each  share  shall  be  one  hundred  dollars. 

g  3.  The  Commissioners  of  the  Sinking  Fund  are  hereby  authorized  to 
sell  and  dispose  of  such  shares  at  or  above  the  par  value  thereof,  either 
at  public  auction  or  private  sale,  or  to  raise  the  said  sum  by  subscription 
for  such  stock,  in  the  mode  in  which  such  stocks  are  usually  subscribed 
for. 

\  4.  The  Comptroller  shall  issue  certificates  of  stock  to  the  person  or 
persons,  company  or  companies,  whose  proposals  shall  have  been  accept- 
ed, provided  the  par  value  of  such  stock,  together  with  any  premium  to 
be  given  therefor,  shall  have  been  deposited  in  the  city  treasury,  for  ac- 
count of  "  The  Water  stock  of  the  city  of  New  York,  of  the  year  one 
thousand  eight  hundred  and  forty-nine." 

I  5.  The  said  certificates  shall  be  made  in  conformity  with  the  resolu- 
tion of  the  Common  Council,  passed  on  the  seventh  day  of  August, 
1835,  and  shall  be  signed  by  the  Comptroller,  and  countersigned  by  the 
Mayor. 

\  6.  The  moneys  to  be  raised  by  virtue  of  this  ordinance  shall  be  ap- 
plied and  expended  to  and  for  the  purpose  of  increasing  the  supply  of 
water  in  the  city  of  New  York  ;  in  the  first  place,  exclusively  for  the 
laying  of  new  mains  from  the  Receiving  Reservoir  to  the  city,  reserving 
the  surplus  (if  any  there  shall  be)  for  the  future  action  of  the  Common 
Council. 

\  7.  All  the  provisions  of  the  law  heretofore  passed,  pledging  the  faith 
of  the  city  of  New  York,  and  providing  a  sinking  fund  for  the  redemp- 
tion of  the  stock  issued  by  virtue  thereof,  are  hereby  made  applicable  to 
the  stock  which  shall  be  issued  in  pursuance  of  this  ordinance,  as  far  as 
the  same  can  be  done. 


Of  "  Building  Loan  Stock  No.  3." 

An  Ordinance  to  create  a  public  fund  or  stock,  to  be  called  "  Building 
Loan  Stock  No.  3."— (Passed  August  9,  1850). 

The  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows.- 

\  1.  A  public  fund  or  stock,  to  be  called  "  Building  Loan  Stock  No. 
-3,"  shall  be  created  for  a  loan  not  exceeding  fifty  thousand  dollars,  which 


520  BUILDING    LOAN    STOCK    NO.  3. 

shall  bear  an  interest  not  exceeding  five  per  cent,  per  annum,  payable 
quarterly,  and  shall  be  redeemable  on  the  first  day  of  November,  in  the 
year  1870. 

§  2.  The  said  stock  shall  consist  of  five  hundred  shares,  and  the  nomi- 
nal value  of  each  share  shall  be  one  hundred  dollars. 

g  3.  The  Commissioners  of  the  Sinking  Fund  are  hereby  authorized 
to  advertise  for  proposals  for  the  whole  or  any  portion  of  said  stock,  and 
determine  which  and  what  proportion  of  such  proposals  shall  be  ac- 
cepted. 

§4.  The  Comptroller  shall  issue  certificates  of  stock  to  the  person  or 
persons,  company  or  companies,  whose  proposals  shall  have  been  accept- 
ed, provided  the  par  value  of  such  stock,  together  with  any  premium  to 
be  given  therefor,  shall  have  been  deposited  into  the  city  treasury,  for  the 
account  of  "  Building  Loan  Stock  No.  3." 

g  5.  The  said  certificates  shall  be  made  in  conformity  with  the  resolu- 
tion of  the  Common  Council,  passed  on  the  seventh  day  of  August, 
1835,  and  shall  be  signed  by  the  Comptroller,  and  countersigned  by  the 
Mayor. 

§6.  The  money  so  to  be  raised  by  virtue  of  this  ordinance,  shall  be 
applied  to,  and  expended  for,  the  purpose  of  "  building,  or  erecting  a 
work-house  building  or  buildings,"  and  the  Comptroller  shall  keep  a 
separate  and  distinct  account  of  such  moneys  received  and  paid  on  ac- 
count of  said  stock  and  buildings. 

§7.  The  provisions  of  an  ordinance  entitled  "An  ordinance  provid- 
ing for  the  redemption  of  the  City  Debt,  and  the  payment  of  interest 
thereon,"  approved  by  the  Mayor,  February  22,  1844,  as  far  as  the 
same  can  be  applied  to  the  stock  hereby  created,  shall  be  applicable  to 
the  same. 


An  Ordinance  to  create  a  public  fond  or  stock,  to  be  called  "  Building 
Loan  Stock  No.  3."—  (Passed  April  21, 1852). 

The  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New  York  in  Com- 
mon Council  convened,  do  ordain  as  follows  .• 

gl.  A  public  fund  or  stock,  to  be  called  "  Building  Loan  Stock  No. 
3,"  shall  be  created  for  a  loan  not  exceeding  twenty-five  thousand  dol- 
lars, which  shall  bear  an  interest  not  exceeding  five  per  cent,  per  annum, 


PUBLIC  BUILDING  STOCK   NO.  3.  521 

payable  quarterly,  and  shall  be  redeemable  on  the  first  day  of  November, 
in  the  year  1870. 

g  2.  The  said  stock  shall  consist  of  two  hundred  and  fifty  shares,  and 
the  nominal  value  of  each  share  shall  be  one  hundred  dollars. 

$  3.  The  Commissioners  of  the  Sinking  Fund  are  hereby  authorized  to 
advertise  for  proposals  for  the  whole  or  any  portion  of  said  stock,  and 
determine  which  and  what  proportion  of  such  proposals  shall  be  ac- 
cepted. 

\  4.  The  Comptroller  shall  issue  certificates  of  stock  to  the  person  or 
persons,  company  or  companies,  whose  proposals  shall  have  been  accept- 
ed, provided  the  par  value  of  such  stock,  together  with  any  premium  to 
be  given  therefor,  shall  have  been  deposited  into  the  city  treasury,  for 
the  account  of  "  Building  Loan  Stock  No.  3." 

\  5.  The  said  certificates  shall  be  made  in  conformity  with  the  resolu- 
tion of  the  Common  Council,  passed  on  the  seventh  day  of  August,  1835, 
and  shall  be  signed  by  the  Comptroller,  and  countersigned  by  the  Mayor. 

\  6.  The  money  so  to  be  raised  by  virtue  of  this  ordinance,  shall  be 
applied  to,  and  expended  for,  the  purpose  of  "  building,  or  erecting  a 
work-house  building  or  buildings,"  and  the  Comptroller  shall  keep  a 
separate  and  distinct  account  of  such  moneys  received  and  paid  on  ac- 
count of  said  stock  and  buildings. 

g  7.  The  provisions  of  an  ordinance  entitled  "  An  ordinance  providing 
for  the  redemption  of  the  City  Debt,  and  the  payment  of  interest  there- 
on," approved  by  the  Mayor,  February  22,  1844,  as  far  as  the  same  can 
be  applied  to  the  stock  hereby  created,  shall  be  applicable  to  the  same. 


Of  "Public  Building  Stock  No.  3." 

An  Ordinance  to  create  a  public  fund  or  stock  to  be  called  "  Public 
Building  Stock  No.  3."—  (Passed  August  14,  1851). 

The  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New  York  in  Com- 
mon Council  convened,  do  ordain  as  follows.' 

$  1 .  A  public  fund  or  stock,  to  be  called  "  Public  Building  Stock  No. 
3,"  shall  be  created  for  a  loan  of  one  hundred  and  fifty  thousand  dollars, 
which  shall  bear  an  interest  not  exceeding  five  per  centum  per  annum, 
34 


522  PUBLIC    BUILDING    SIOCK  NO.  3 

payable  quarter  yearly,  and  be  redeemable  as  follows  :  Fifty  thousand 
dollars  on  the  first  day  of  November,  1857 ;  and  fifty  thousand  dollars 
on  the  first  day  of  November,  1858  ;  and  fifty  thousand  dollars  on  the 
first  day  of  November,  1859. 

§  2.  The  said  stock  shall  consist  of  one  thousand  five  hundred  shares, 
and  the  nominal  value  of  each  share  shall  be  one  hundred  dollars. 

§  3.  The  Comptroller  is  hereby  authorized  to  advertise  for  proposals 
for  the  said  stock.  The  proposals  so  to  be  received  shall  be  opened  in 
the  presence  of  the  Finance  Committees  of  both  Boards,  and  the  Comp- 
troller shall  determine  which  and  what  proportions  of  such  proposals 
shall  be  accepted. 

\  4.  The  Comptroller  shall  issue  certificates  of  stock  to  the  person  or 
persons,  company  or  companies,  whose  proposals  shall  have  been  accept- 
ed, provided  the  par  value  of  such  stock,  together  with  any  premiums  to 
be  given  therefor,  shall  have  been  deposited  into  the  city  treasury  for  the 
account  of"  Public  Building  Stock  No.  3." 

§  5.  The  said  certificates  shall  be  made  in  conformity  with  the  resolu- 
tion of  the  Common  Council,  passed  on  the  seventh  day  of  August' 
1835,  shall  be  signed  by  the  Comptroller,  and  countersigned  by  the 
Mayor. 

$6.  The  money  to  be  loaned  by  virtue  of  this  ordinance  shall  be  ap- 
plied to  the  reimbursing  the  city  treasury  the  amount  expended  there- 
from, for  the  erection  of  public  buildings  for  the  city  of  New  York,  and 
to  the  erection  of  such  additional  public  buildings  as  may  be  required 
for  the  use  of  said  city. 

1 7.  The  provision  of  the  ordinance  entitled  "  An  ordinance  provid- 
ing for  the  redemption  of  the  City  Debt  and  the  payment  of  interest 
thereon,"  approved  by  the  Mayor,  February  22, 1844,  so  far  as  the  same 
can  be  applied  to  the  stock  hereby  created,  shall  be  applied  to  the  same. 

An  Ordinance  to  create  a  public  fund  or  stock  to  be  called  "  Public 
Building  Stock  No.  3." — (Passed  May  20,  1852). 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows  : 

2  1.  A  public  fund  or  stock,  to  be  called  "  Public  Building  Stock  No. 
3,"  shall  be  created  for  a  loan  of  one  hundred  and  fifty  thousand  dollars, 
which  shall  bear  an  interest  not  exceeding  five  percent,  per  annum,  pay- 


PUBLIC  BUILDING  STOCK  NO.  3.  523 

quarter  yearly,  and  be  redeemable  as  follows  :  Fifty  thousand  dol- 
lars on  the  first  day  of  November,  1860  ;  fifty  thousand  dollars  on  the 
first  day  of  November,  1861,  and  fifty  thousand  dollars  on  the  first  day 
of  November,  1862. 

|  2.  The  said  stock  shall  consist  of  one  thousand  five  hundred  shares, 
and  the  nominal  value  of  each  share  shall  be  one  hundred  dollars. 

£  3.  The  Comptroller  is  hereby  authorized  to  advertise  for  proposals 
for  the  said  stock  ;  the  proposals  so  to  be  received,  shall  be  opened  in 
the  presence  of  the  Finance  Committees  of  both  Boaids  and  the  Comp- 
troller, who  shall  determine  which  and  what  proportions  of  such  propo- 
sals shall  be  accepted. 

g  4.  The  Comptroller  shall  issue  certificates  of  stock  to  the  person  or 
persons,  company  or  companies,  whose  proposals  shall  have  been  accept- 
ed, provided  the  par  value  of  such  stock,  together  with  any  premiums  to 
be  given  therefor,  shall  have  been  deposited  in  the  city  treasury  for  the 
-account  of  "  Public  Building  Stock  No.  3." 

§  5.  The  said  certificates  shall  be  made  in  conformity  with  the  resolu- 
tion of  the  Common  Council,  passed  on  the  seventh  day  of  August, 
1835,  and  shall  be  signed  by  the  Comptroller,  and  countersigned  by  the 
Mayor. 

§  6.  The  money  to  be  loaned  by  virtue  of  this  ordinance  shall  be  ap- 
plied to  the  reimbursing  the  city  treasury  the  amount  expended  there- 
from, for  the  erection  of  public  buildings  for  the  city  of  New  York,  and 
to  the  erection  of  such  additional  buildings  as  may  be  required  for  the 
use  of  said  city. 

§7.  The  provision  of  the  ordinance  entitled  "  An  ordinance  providing 
for  the  redemption  of  the  City  Debt,  and  the  payment  of  interest  there- 
on," approved  by  the  Mayor,  February  22,  1844,  so  far  as  the  same  can 
be  applied  to  the  stock  hereby  created,  shall  be  applied  to  the  same. 


An  Ordinance  to  create  a  public  fund  or  stock,  to  be  called  "  Public 
Building  Stock  No.  3."—  (Passed  September  26,  1854). 
TJie  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York  in  Com- 
mon Council  convened,  do  ordain  as  follows: 

§  1.  A  public  fund  or  stock,  to  be  called  "  Public  Building  Stock  No. 
3,"  shall  be  created  for  a  loan  of  one  hundred  thousand  dollars  ($100,000), 
which  shall  bear  an  interest  not  exceeding  five  per  centum  per  annum, 


524  PUBLIC  BUILDING  STOCK  NO.   3. 

payable  quarter  yearly,  and  redeemable  as  follows  :  Fifty  thousand  dol- 
lars on  the  first,  day  of  November,  1863,  and  fifty  thousand  dollars  on  the 
first  day  of  November,  1864. 

I  2.  The  stock  shall  consist  of  one  thousand  shares,  and  the  nominal 
value  of  each  share  shall  be  one  hundred  dollars. 

$  3.  The  Comptroller  is  hereby  authorized  to  advertise  for  proposals 
for  the  said  stock  ;  the  proposals  so  to  be  received  shall  be  opened  in  the 
presence  of  the  Commissioners  of  the  Sinking  Fund,  who  shall  determine 
which  and  what  proportions  of  such  proposals  shall  be  accepted. 

$  4.  The  Comptroller  shall  issue  certificates  of  stock  to  the  person  or 
persons,  company  or  companies,  whose  proposals  shall  have  been  accept- 
ed, provided  the  par  value  of  such  stock,  together  with  any  premiums  to 
be  given  therefor,  shall  have  been  deposited  in  the  city  treasury  for  the 
account  of  "  Public  Building  Stock  No.  3." 

|  5.  The  said  certificates  shall  be  made  in  conformity  with  the  resolu- 
tion of  the  Common  Council,  passed  on  the  seventh  day  of  August,  one 
thousand  eight  hundred  and  thirty-five,  and  shall  be  signed  by  the  Comp- 
troller and  countersigned  by  the  Mayor. 

*  §  6.  The  money  to  be  raised  by  virtue  of  this  ordinance  shall  be  ap- 
plied to  the  reimbursing  the  city  treasury  the  amount  expended  there- 
from for  the  erection  of  public  buildings  for  the  city  of  New  York,  and 
to  the  erection  of  such  additional  buildings  as  may  be  required  for  the 
use  of  said  city. 

g  7.  The  provisions  of  the  ordinance  entitled  "  An  ordinance  providing 
for  the  redemption  of  the  City  Debt,  and  the  payment  of  interest  there- 
on ;"  approved  by  the  Mayor,  February  22,  1844,  so  far  as  the  same  can 
apply  to  the  stock  hereby  created,  shall  be  applicable  to  the  same. 


An  Ordinance  to  create  a  public  fund  or  stock,  to  be  called  "  Public 
Building  Stock  No.  3."—  (Passed  April  13,  1855). 

Ihe  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York  in  Com- 
mon Council  convened,  do  ordain  as  follows  •• 

\  1.  A  public  fund  or  stock,  to  be  called  "  Public  Building  Stock  No. 
3,"  shall  be  created  for  a  loan  of  one  hundred  thousand  dollars,  which 
shall  bear  an  interest  not  exceeding  five  per  cent,  per  annum,  payable 
quarter  yearly,  and  redeemable  as  follows  :  Fifty  thousand  dollars  on  the 


FIVE   PER   CENT.  STOCK  FOR  DOCKS  AND  SLIPS.  525 

first  day  of  November,  1865,  and  fifty  thousand  dollars  on  the  first  day 
of  November,  1866. 

\  2.  The  said  stock  shall  consist  of  one  thousand  shares,  and  the  nomi- 
nal value  of  each  share  shall  be  one  hundred  dollars. 

|  3.  The  Comptroller  is  hereby  authorized  to  advertise  for  proposals 
for  the  said  stock  ;  tne  proposals  so  to  be  received  shall  be  opened  in  the 
presence  of  the  Commissioners  of  the  Sinking  Fund,  who  shall  determine 
which  and  what  proportions  of  such  proposals  shall  be  accepted. 

§  4.  The  Comptroller  shall  issue  certificates  of  stock  to  the  person  or 
persons,  company  or  companies,  whose  proposals  shall  have  been  accept- 
ed, provided  the  par  value  of  such  stock,  together  with  any  premium  to 
te  given  therefor,  shall  have  been  deposited  in  the  city  treasury,  for  the 
account  of  "  Public  Building  Stock  No.  3." 

§  5.  The  certificates  shall  be  made  in  conformity  with  the  resolution  of 
the  Common  Council,  passed  on  the  seventh  day  of  August,  1835,  and 
shall  be  signed  by  the  Comptroller,  and  countersigned  by  the  Mayor. 

g  6.  The  money  to  be  raised  by  virtue  of  this  ordinance,  shall  be  ap- 
plied to  the  reimbursing  the  city  treasury,  the  amount  expended  there- 
from, for  the  erection  of  public  buildings  for  the  Corporation  of  the  city 
of  New  York,  and  to  the  erection  of  such  additional  buildings  as  may  be 
required  for  the  use  of  said  Corporation. 

§  7.  The  provisions  of  the  ordinance  entitled  "  An  ordinance  providing 
for  the  redemption  of  the  City  Debt,  and  payment  of  interest  thereon," 
approved  by  the  Mayor,  February  22,  1844;  so  far  as  the  same  can  ap- 
ply to  the  stock  hereby  created,  shall  be  applicable  to  the  same. 


-Of  "  The  New  York  City  Five  per  cent.  Stock  for  Docks  and  Slips." 

An  Ordinance  to  create  a  public  stock  or  fund,  to  be  called  "  The 
New  York  City  Five  per  cent.  Stock,  for  Docks  and  Slips." — (Passed 
August  14, 1851.) 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows  : 

§  1 .  A  public  fund  or  stock,  to  be  called  "  The  New  York  City  Five 
per  cent.  Stock,  for  Docks  and  Slips,"  shall  be  created,  for  a  loan  of 
three  hundred  thousand  dollars,  which  shall  bear  an  interest  not  exceed- 


526  FIVE  PER  CENT.  STOCK  FOB  DOCKS  AND  SLIPS. 

ing  five  per  cent,  per  annum,  payable  quarterly,  and  redeemable  as 
follows:  fifty  thousand  dollars  on  the  1st  day  of  November,  1867,  fifty 
thousand  dollars  on  the  1st  day  of  November,  1868,  fifty  thousand  dol- 
lars on  the  1st  day  of  November,  1869,  fifty  thousand  dollars  on  the  1st 
day  of  November,  1870,  fifty  thousand  dollars  on  the  1st  day  of  Novem- 
ber, 1871,  and  fifty  thousand  dollars  on  the  1st  day  of  November,  1872. 

I  2.  The  said  stock  shall  consist  of  three  thousand  shares,  and  the 
nominal  value  of  each  share  shall  be  one  hundred  dollars. 

$  3.  The  Comptroller  is  hereby  authorized  to  advertise  for  proposals 
for  the  said  stock.  The  proposals  so  to  be  received,  shall  be  opened  in 
the  presence  of  the  Finance  Committees  of  both  Boards,  and  the  Comp- 
troller shall  determine  which,  and  what  proportion  of  such  proposals- 
shall  be  accepted. 

§  4.  The  Comptroller  shall  issue  certificates  of  stock  to  the  person  or 
persons,  company  or  companies,  whose  proposals  shall  have  been  accepted 
provided  the  par  value  of  such  stock,  together  with  any  premium  to  be 
given  therefor,  shall  have  been  deposited  into  the  city  treasury,  for  the 
account  of  "  The  New  York  City  Five  per  cent.  Stock  for  Docks  and 
Slips." 

$  5.  The  said  certificates  shall  be  made  in  conformity  with  the  reso- 
lution of  the  Common  Council,  passed  on  the  seventh  day  of  August^ 
1835,  and  shall  be  signed  by  the  Comptroller,  and  countersigned  by  the- 
Mayor. 

$  6.  The  money  to  be  loaned  by  virtue  of  this  ordinance  shall  be  ap- 
plied to,  and  expended  for,  the  purpose  of  building  and  repairing  public 
docks  and  slips  in  the  city  of  New  York. 

|  7.  The  provisions  of  an  ordinance  entitled  "  An  ordinance  providing 
for  the  redemption  of  the  city  debt,  and  the  payment  of  the  interest, 
thereon,"  approved  by  the  Mayor,  February  22d,  1844,  so  far  as  the- 
sarae  can  be  applied  to  the  stock  hereby  created,  shall  be  applied  to  the 
same. 


An  Ordinance  to  create  a  public  stock,  or  fund,  to  be  called  "  The 
New  York  City  Five  per  cent.  Stock  for  Docks  and  Slips."— (Passed 
May  20, 1852.) 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows  : 

\  1.  A  public  fund,  or  stock,  to  be  called  "  The  New  York  City  Five- 


BUILDING   LOAN    STOCK    NO.  4.  527 

per  cent.  Stock  for  Docks  and  Slips,"  shall  be  created  for  a  loan  of  two 
hundred  thousand  dollars,  which  shall  bear  an  interest,  not  exceeding 
five  per  cent,  per  annum,  payable  quarter-yearly,  and  redeemable  as 
follows  :  fifty  thousand  dollars  on  the  first  day  of  November,  1873;  fifty 
thousand  dollars  on  the  first  day  of  November,  1874;  fifty  thousand  dol- 
lars on  the  first  day  of  November,  1875,  and  fifty  thousand  dollars  on 
the  first  day  of  November,  1876. 

I  2.  The  Comptroller  is  hereby  authorized  to  advertise  for  proposals 
for  said  stock.  The  proposals,  so  to  be  received,  shall  be  opened  in  the 
presence  of  the  Finance  Committees  of  both  Boards  and  the  Comptroller, 
who  shall  determine  which  and  what  proportion  of  such  proposals  shall 
be  accepted. 

§  3.  The  said  stock  shall  consist  of  two  thousand  shares,  and  the 
nominal  value  of  each  share  shall  be  one  hundred  dollars. 

$  4.  The  Comptroller  shall  issue  certificates  of  stock  to  the  person  or 
persons,  company  or  companies,  whose  proposals  shall  have  been  accepted, 
provided  the  par  value  of  such  stock,  together  with  any  premium  to  be 
given  therefor,  shall  have  been  deposited  with  the  City  Treasurer,  for 
the  account  of  "  The  New  York  Five  per  cent.  Stock  for  Docks  and 
Slips," 

§  5.  The  said  certificates  shall  be  made  in  conformity  with  the  reso- 
lution of  the  Common  Council,  passed  on  the  7th  day  of  August,  1835, 
and  shall  be  signed  by  the  Comptroller,  and  countersigned  by  the  Mayor. 

g  6.  The  money  to  be  loaned  by  virtue  of  this  ordinance  shall  be  ap- 
plied to,  and  expended  for,  the  purpose  of  building  and  repairing  docks 
and  slips  in  the  city  of  New  York. 

g  7.  The  provision  of  the  ordinance  entitled  "  An  ordinance  providing 
for  the  redemption  of  the  city  debt,  and  the  payment  of  interest  thereon,'1 
approved  by  the  Mayor,  February  22,  1844,  so  far  as  the  same  can  be 
applied  to  the  stock  hereby  created,  shall  be  applied  to  the  same. 


Of  "Building  Loan  Stock  No.  4." 

An  Ordinance  to  create  a  public  stock,  or  fund,  to  be  called  "  Building 
Loan  Stock  No.  4."—  (Fused  May  12, 1853.) 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows: 

1 1.  A  public  stock,  or  fund,  to  be  called  "  Building  Loan  Stock  No.  4," 


528  BUILDING   LOAN    STOCK    NO.  4. 

shall  be  created,  for  a  loan  not  exceeding  seventy-five  thousand  dollars, 
which  shall  bear  an  interest  not  exceeding  six  per  cent,  per  annum, 
payable  quarterly,  and  shall  be  redeemable  on  the  first  day  of  Novem- 
ber, 1873. 

$  2.  The  said  stock  shall  consist  of  seven  hundred  and  fifty  shares  ; 
the  nominal  value  of  each  share  shall  be  one  hundred  dollars. 

g  3.  The  Commissioners  of  the  Sinking  Fund  are  hereby  authorized 
to  advertise  for  proposals  for  the  whole  or  any  portion  of  said  stock, 
and  determine  which  and  what  proportions  of  such  proposals  shall  be 
accepted. 

$  4.  The  Comptroller  shall  issue  certificates  of  stock  to  the  person  or 
persons,  company  or  companies,  whose  proposals  shall  have  been  ac- 
cepted, provided  the  par  value  of  such  stock,  together  with  any  premium 
to  be  given  therefor,  shall  have  been  deposited  in  the  city  treasury,  for 
the  account  of  "  Building  Loan  Stock  No.  4." 

"  g  5.  The  said  certificates  shall  be  made  in  conformity  with  the  resolu- 
tion of  the  Common  Council,  passed  on  the  7th  day  of  August,  1835, 
and  shall  be  signed  by  the  Comptroller  and  countersigned  by  the  Mayor. 

g  6.  The  money  to  be  raised  by  virtue  of  this  ordinance  shall  be  ap- 
plied to,  and  expended  for,  the  purpose  of  building  or  erecting  the  south 
wing  of  the  new  work-house  on  BlackwelPs  Island,  and  the  Comptroller 
shall  keep  a  separate  and  distinct  account  of  such  moneys  received  and 
paid  on  account  of  said  stock  and  building. 

g  7.  The  provisions  of  the  ordinance  entitled  "An  ordinance  provid- 
ing for  the  redemption  of  the  city  debt,  and  payment  of  interest  thereon," 
approved  by  the  Mayor,  February  22d,  1844,  so  far  as  the  same  can 
apply  to  the  stock  hereby  created,  shall  be  applicable  to  the  same. 

An  Ordinance  to  create  a  public  stock  or  fund,  to  be  called  "  Building 
Loan  Stock  No.  4." 

The  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New  York  in  Com- 
mon Council  convened,  do  ordain  as  follows  .• 

\  1.  A  public  fund  or  stock,  to  be  called  "Building  Loan  Stock 
No.  4,"  shall  be  created  for  a  loan  not  exceeding  forty  thousand  dollars, 
which  shall  bear  an  interest  not  exceeding  five  per  cent,  per  annum, 
payable  quarter-yearly,  and  shall  be  redeemable  on  the  first  day  of 
November,  1873. 


THE    PUBLIC    EDUCATION    STOCK    FOR    1853.  529 

§2.  The  said  stock  shall  consist  of  four  hundred  shares,  the  nominal 
value  of  each  share  shall  be  one  hundred  dollars. 

§  3.  The  Comptroller  is  hereby  authorized  to  advertise  for  proposals 
for  the  said  stock ;  the  proposals  so  to  be  received,  shall  be  opened  in 
the  presence  of  the  Commissioners  of  the  Sinking  Fund,  who  shall  deter- 
mine, which  and  what  proportions  of  'such  proposals  shall  be  accepted. 

§  4.  The  Comptroller  shall  issue  certificates  of  stock  to  the  person  or 
persons,  company  or  companies,  whose  proposals  shall  have  been  ac- 
cepted ;  provided,  the  par  value  of  such  stock,  together  with  any  pre- 
mium to  be  given  therefor,  shall  have  been  deposited  in  the  City  Trea- 
sury for  the  account  of  "  Building  Loan  Stock  No.  4." 

I  5.  The  said  certificates  shall  be  made  in  conformity  with  the  resolu- 
tion of  the  Common  Council,  passed  on  the  seventh  day  of  August,  one 
thousand  eight  hundred  and  thirty-five,  and  shall  be  signed  by  the  Comp- 
troller, and  be  countersigned  by  the  Mayor. 

|  G.  The  money  to  be  raised  by  virtue  of  this  ordinance  shall  be  ap- 
plied to,  and  expended  for,  the  purpose  of  completing  the  south  wing  of 
the  work-house  building  on  Blackwell's  Island. 

§  7.  The  provisions  of  the  ordinance,  entitled  "An  ordinance  provid- 
ing for  the  redemption  of  the  City  Debt,  and  the  payment  of  interest 
thereon,"  approved  by  the  Mayor,  February  22, 1844,  so  far  as  the  same 
can  apply  to  the  stock  hereby  created,  shall  be  applicable  to  the  same. 


Of  "  The  Public  Education  Stock  for  the  year  one  thousand  eight  hundred 
and  fifty-three.1' 

An  Ordinance  to  create  a  public  stock  or  fund,  to  be  called  "  The 
Public  Education  Stock  of  the  city  of  New  York  for  the  year  one  thou- 
sand eight  hundred  and  fifty-three." — (Passed  March  9,  1854). 

TJie  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows: 

1 1.  A  public  stock  or  fund,  to  be  called  "  The  Public  Education 
Stock  of  the  city  of  New  York,  for  the  year  one  thousand  eight  hun- 
dred and  fifty-three,"  shall  be  created  for  a  loan  not  exceeding  one  hun- 
dred and  fifty-four  thousand  dollars,  which  shall  bear  an  interest  of  five 
per  cent,  per  annum,  and  shall  be  redeemable  on  the  first  day  of  May, 
one  thousand  eight  hundred  and  seventy-three. 


I 


580  OF   THE    CENTRAL   PARK    FUND. 

I  2.  The  said  stock  shall  consist  of  one  thousand  five  hundred  and  forty 
shares;  the  nominal  value  of  each  share  shall  bo  one  hundred  dollars. 

|  3.  The  Commissioners  of  the  Sinking  Fund  are  hereby  authorized 
to  advertise  for  proposals  for  the  whole  or  any  portion  of  said  stock, 
and  determine  which,  and  what  proportions  of  such  proposals  shall  be 
accepted. 

\  4.  The  Comptroller  shall  issue  certificates  of  stock  to  the  person  or 
persons,  company  or  companies,  whose  proposals  shall  have  been  accept- 
ed, provided  the  par  value  of  such  stock,  together  with  any  premium  to 
be  given  therefor,  shall  have  been  deposited  into  the  city  treasury  for  the 
account  of  "  Public  Education  Stock  of  the  city  of  New  York,  of  the 
year  one  thousand  eight  hundred  and  fifty-three." 

|  5.  The  said  certificates  shall  be  made  in  conformity  with  the  resolu- 
tion of  the  Common  Council,  passed  on  the  seventh  day  of  August, 
1835,  and  shall  be  signed  by  the  Comptroller,  and  countersigned  by  the 
Mayor. 

\  6.  The  moneys  to  be  raised  by  virtue  of  this  ordinance  shall  be  ap- 
plied and  expended  for  the  purpose  of  paying  and  discharging  all  the 
debts  of  the  Public  School  Society,  as  certified  by  the  Board  of  Super- 
visors, and  filed  with  the  Comptroller  of  the  city. 

$  7.  The  provisions  of  the  ordinance,  entitled  "  An  ordinance  provid- 
ing for  the  redemption  of  the  city  debt,  and  the  payment  of  interest 
thereon,"  approved  by  the  Mayor,  February  22,  1844,  as  far  as  the  same 
can  be  applied  to  the  stock  hereby  created,  shall  be  applicable  to  the 
same. 


Of  "  The    Central  Park  Fund." 

An  Ordinance  to  create  funds  for  the  payment  of  the  public  place  en- 
titled "  The  Central  Park."— (Passed  February  29,  1856). 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows: 

\  1.  So  much  of  that  piece  or  parcel  of  land  bounded  southerly  by 
Fifty-ninth  street ;  easterly  by  the  Fifth  avenue ;  northerly  by  One  hun- 
dred and  sixth  street,  and  westerly  by  the  Eighth  avenue,  as  is  specially 
described  or  referred  to  in  the  order  for  the  confirmation  of  the  proceed- 
ings of  the  Commissioners  of  Estimate  and  Assessment  for  taking  the 
same,  made  by  the  Supreme  Court,  and  dated  the  fifth  day  of  February, 
1856,  shall  hereafter  be  known  and  entitled  ai  "  The  Central  Park." 


OF   THE    CENTRAL   PARK    FUND.  531 

2  2.  A  public  stock  or  fund,  to  be  called  "  The  Central  Park  Fund,"" 
shall  be  created  for  a  loan  of  two  millions  eight  hundred  and  sixty-seven- 
thousand  dollars,  which  shall  bear  an  interest  of  five  per  centum  per 
annum,  payable  half  yearly,  and  shall  be  redeemable  on  the  first  day  of 
July,  in  the  year  one  thousand  eight  hundred  and  ninety-eight. 

§  3.  The  nominal  amount  or  value  of  each  share  of  the  said  stock  shall 
be  one  hundred  dollars,  and  the  same  shall  consist  of  twenty-eight  thou- 
sand and  sixty-seven  shares  ;  or  portions  thereof  may  be  of  the  nominal 
amount  or  value  of  five  hundred,  or  of  one  thousand  dollars,  and  the 
number  thereof  shall  be  reduced  accordingly. 

g  4.  The  said  loan  shall  be  receivable  at  any  time  within  sixty  days- 
from  the  passage  of  this  ordinance. 

§5.  The  Comptroller  is  hereby  authorized  and  directed  to  advertise 
for  proposals  to  be  received  at  any  time  within  thirty  days  from  the 
passage  of  this  ordinance,  and  not  to  be  opened  until  that  day,  for  the 
said  loan,  or  for  any  portion  thereof,  not  less  than  the  par  value  of  one 
share  of  the  said  stock. 

\  6.  The  said  Comptroller  shall  determine,  on  and  after  the  expiration* 
of  said  thirty  days,  which  and  what  proportion  of  said  proposals  shall 
be  accepted,  and  shall  issue  certificates  for  the  number  of  shares  neces- 
sary to  make  up  the  said  sum  of  two  millions  eight  hundred  and  sixty- 
seven  thousand  dollars,  to  the  person  or  persons,  company  or  companies, 
whose  proposals  shall  have  been  accepted;  and  such  certificates  shall  be 
as  nearly  as  may  be  in  the  form  of  the  certificates  issued  for  "  The 
Water  Stock  of  the  City  of  New  York." 

§  7.  The  said  Comptroller  shall  receive  the  moneys  payable  for  or 
upon  said  loan,  and  shall  pay  the  same  into  the  city  treasury,  and  keep 
a  separate  and  distinct  account  of  the  same,  and  of  all  sums  paid  on 
account  thereof. 

g  8.  The  said  moneys  so  to  be  received  shall  be  applied  by  the  said 
Comptroller  in  payment  of  the  awards  for  the  lands  aforesaid,  as  con- 
firmed by  the  order  aforesaid  of  the  Supreme  Court. 

g  9.  For  the  payment  of  the  balance  of  said  awards,  not  exceeding 
the  sum  of  one  million  six  hundred  thousand  dollars,  being  the  amount 
assessed  for  benefit,  and  by  the  order  aforesaid,  of  the  Supreme  Court,  a 
public  stock  or  fund  shall  be  created,  which  shall  bear  an  interest  not 
exceeding  six  per  cent,  per  annum,  payable  half  yearly,  and  shall  be 


532  OF  THE  CENTRAL  PARK  FUND. 

redeemable  not  exceeding  three  years  from  the  issuing  thereof,  and  shall 
be  called  "  The  Central  Park  Assessment  Fund." 

1 10.  The  nominal  amount  or  value  of  each  share  of  the  said  stock 
shall  be  one  hundred  dollars;  or  portions  thereof  may  be  of  the  nominal 
amount  or  value  of  five  hundred  dollars,  or  of  one  thousand  dollars. 

$  11.  The  Comptroller  is  authorized  and  directed  to  issue  to  asy  per- 
son or  persons,  company  or  companies,  upon  receiving  the  par  value 
thereof,  so  much  of  the  said  stock  as  may  be  necessary  to  pay  the 
balance  of  the  award  aforesaid.  For  the  payment  of  said  stock,  the 
assessments  for  benefit  aforesaid,  and  all  moneys  payable  on  account 
thereof,  are  hereby  specifically  pledged.  A  separate  and  distinct  account 
shall  be  kept  by  the  said  Comptroller,  of  all  stock  thus  issued,  of  all 
moneys  received  therefor,  and  of  all  moneys  received  on  account  of  the 
assessments  aforesaid. 

g  12.  The  said  moneys,  so  to  be  received,  shall  be  applied  by  the  said 
Comptroller  in  payment  of  the  balance  aforesaid  of  the  awards  aforesaid. 

g  13.  For  so  much  of  the  awards,  as  are  payable  to  the  Mayor,  Alder- 
men and  Commonalty  of  the  city  of  New  York,  for  mortgages  upon 
lands,  within  said  park,  now  held  by  the  Commissioners  of  the  Sinking 
Fund,  for  lots  heretofore  sold  by  the  said  Commissioners,  the  Comptroller 
shall  issue  and  deliver  to  the  said  Commissioners  of  the  Sinking  Fund, 
the  five  per  cent,  stock,  described  in  the  second  section  of  this  ordinance, 
for  the  amount  of  the  mortgages  aforesaid,  to  be  held  by  said  Commis- 
sioners in  lieu  of  said  mortgages,  and  as  security  for  the  redemption  of 
the  city  debt. 

$  14.  The  Collector  of  Assessments  is  hereby  appointed  and  directed 
to  proceed  forthwith  in  the  collection  of  the  assessments. 


An  Ordinance  to  raise  funds  and  provide  for  the  purchase  of  the  State 
Arsenal,  and  all  the  grounds  appertaining  thereto,  in  the  city  of  New 
York.— (Parsed  June  17,  1857). 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  a*  follows: 

\  1.  A  public  fund  or  stock,  to  be  called  "  The  Central  Park  Fund," 
and  to  be  an  addition  to  the  fund  thus  entitled  and  heretofore  raised  for 
the  purpose  of  paying  the  awards  for  the  piece  of  land  known  and  enti- 


OF   THE    CENTRAL   PARK    FUND.  533 

tied  as  "  the  Central  Park  Fund,"  shall  be  created  for  a  loan  of  two 
hundred  and  seventy-five  thousand  dollars,  which  shall  bear  an  interest 
of  six  per  cent,  per  annum,  and  shall  be  redeemable  on  the  first  day  of 
July,  in  the  year  1898. 

g  2.  The  nominal  amount  or  value  of  each  share  of  the  said  stock  shall 
be  in  sums  of  one  hundred,  five  hundred,  or  one  thousand  dollars,  as  the 
Comptroller  may  deem  advisable. 

g  3.  The  Comptroller  is  hereby  authorized  and  directed  to  advertise 
for  proposals  to  be  received  at  any  time  within  thirty  days  after  the  pas- 
sage of  this  ordinance,  and  not  to  be  opened  until  that  day,  for  the  said 
stock  or  fund,  or  for  any  portion  thereof,  not  less  than  the  par  or  nominal 
value  thereof. 

|  4.  The  Comptroller  shall  determine,  on  and  after  the  expiration  of 
said  thirty  days,  which  and  what  proportion  of  said  subscriptions  shall 
be  accepted,  and  shall  issue  certificates  for  the  number  of  shares  neces- 
sary to  make  up  the  said  sum  of  two  hundred  and  seventy-five  thousand 
dollars,  to  the  person  or  persons,  company  or  companies,  whose  proposals 
shall  have  been  accepted,  and  such  certificates  shall  be,  as  nearly  as  may 
be,  in  the  form  of  the  certificates  issued  for  "  The  Water  Stock  of  the 
city  of  New  York." 

\  5.  The  subscription  to  the  said  stock  or  fund  shall  be  receivable  afc 
any  time  within  sixty  days  after  the  passage  of  this  ordinance. 

|  6.  The  Comptroller  shall  receive  the  pledges  payable  for  or  upon 
said  stock  or  fund,  and  shall  pay  the  same  into  the  city  treasury,  and 
keep  a  separate  and  distinct  account  thereof,  in  addition  to,  and  in  con. 
tinuation  of,  similar  subscriptions  and  payments,  for  "the  Central  Park 
Fund,"  heretofore  issued. 

§  7.  The  Comptroller  shall  pay  to  the  Commissioners  of  the  Land 
Office  the  said  sum  of  two  hundred  and  seventy-five  thousand  dollars,  as 
the  price  or  purchase  money  for  the  State  Arsenal,  and  all  the  lands  ap 
pertaining  thereto  belonging  to  the  state,  situated  in  the  city  of  New 
York,  upon  receiving  a  good  and  valid  deed  or  conveyance  thereof,  vest- 
ing the  same  in  the  Mayor,  Aldermen  and  Commonalty  of  the  city  of 
New  York,  free  from  all  incumbrances. 


534  OF   THE   CENTRAL    PARK    FUND. 

An  Ordinance  to  authorize  an  additional  amount  of  the  Central  Park 
Fund,  created  for  the  payment  of  the  public  place  entitled  "  The  Cen- 
tral Park." — (Passed  December  30,  1858). 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows.- 

g  1.  A  public  stock  or  fund,  to  be  called  "The  Central  Park  Fund," 
shall  be  created,  for  a  loan  of  three  hundred  and  seventy-three  thousand 
four  hundred  dollars,  which  shall  bear  an  interest  of  six  per  centum  per 
annum,  payable  quarter  yearly,  and  shall  be  redeemable  on  the  first  day 
of  July,  one  thousand  eight  hundred  and  eighty-seven. 

|  2.  The  nominal  value  of  each  share  of  the  said  stock  shall  be  one 
hundred  dollars,  and  the  same  shall  consist  of  three  thousand  seven  hun- 
dred and  thirty-four  shares. 

§  3.  The  Comptroller  is  hereby  authorized  to  advertise  for  sealed  pro- 
fjosals  for  a  loan  of  the  sum  specified  in  this  ordinance,  at  such  time  as 
in  his  judgment  the  interests  of  the  Park  Fund  may  require,  giving 
thirty  days'  notice  of  all  bids  to  be  made  for  such  loan,  or  any  part 
thereof. 

|  4.  The  Comptroller  shall  determine,  on  and  after  the  expiration  of 
said  thirty  days,  which,  and  what  proportions  of  said  proposals  shall  be 
accepted,  and  shall  issue  certificates  for  the  aforesaid  number  of  shares, 
to  the  person  or  persons  whose  proposals  shall  have  been  accepted. 

§  5.  The  Comptroller  shall  receive  all  moneys  payable  for  and  upon 
said  stock,  and  shall  pay  the  same  into  the  city  treasury,  and  keep  a 
•separate  and  distinct  account  thereof,  in  addition  to,  and  in  continuation 
of  similar  payments  for  the  Central  Park  Fund,  heretofore  issued. 

g  6.  The  moneys  received  on  account  of  the  said  stock  shall  be  paid 
and  applied  by  the  Comptroller  as  provided  by  section  12  of  an  ordi- 
nance of  the  Common  Council,  entitled  "  An  ordinance  to  create  funds 
for  the  payment  of  the  public  place,  entitled  the  Central  Park,"  passed 
February  29, 1856. 


THE  WATER  STOCK  OF  THE  CITY  OF  NEW  YORK,  FOR  1854.      535 

An  Ordinance  to  create  funds  for  the  payment  of  the  lands  acquired 
for  the  construction  of  a  new  reservoir  for  Croton  water. — Passed 
August  19,  1856. 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows  .• 

g  1.  The  Croton  Aqueduct  Board,  acting  in  behalf  of  the  Mayor,  Al- 
dermen and  Commonalty,  as  provided  by  chapter  501  of  the  laws  of 
1853,  having  acquired  title  to  all  such  lands  lying  between  Eighty -sixth 
and  Ninety-sixth  streets,  and  Fifth  and  Seventh  avenues,  as  they  deem 
desirable,  for  the  construction  of  a  new  reservoir,  it  is  hereby  declared 
that  all  the  lands  specially  described  or  referred  to,  in  the  order  for  the 
confirmation  of  the  proceedings  of  the  Commissioners  of  Appraisal  for 
taking  the  same,  made  on  the  14th  day  of  April,  1856,  shall  hereafter  be 
known  as  the  "  New  Reservoir  for  Croton  Water/' 

I  2.  A  public  fund  or  stock,  to  be  called  "The  Water  Stock  of  the 
city  of  New  York,  for  the  year  1854,"  shall  be  created  for  a  loan  of 
five  hundred  thousand  dollars,  bearing  interest  at  the  rate  of  five  per 
cent,  per  annum,  payable  quarter  yearly,  and  the  principal  shall  be 
redeemable  on  the  first  day  of  October,  in  the  year  one  thousand  eight 
hundred  and  seventy-five,  as  provided  by  chapter  342  of  the  laws  of  1854. 

$3.  The  nominal  amount  or  value  of  each  share  of  said  stock  shall  be 
-one  hundred  dollars,  and  the  same  shall  consist  of  five  thousand  shares. 

\  4.  The  Comptroller  is  hereby  authorized  to  advertise  for  proposals, 
to  be  received  at  any  time  within  thirty  days  from  the  passage  of  this 
ordinance,  and  not  to  be  opened  until  that  day,  for  the  said  loan,  or  for 
any  portion  thereof,  not  less  than  the  par  value  of  one  share  of  the  said 
stock. 

g  5.  The  money  subscribed  on  account  of  the  said  loan  shall  be  paid 
into  the  city  treasury,  and  applied  and  paid  by  the  Comptroller,  as  pro- 
vided by  the  4th  section,  chapter  342  of  the  laws  of  1854. 

I  6.  If  money  cannot  be  obtained  on  the  stock  authorized  to  be  issued 
under  this  ordinance,  at  the  rate  of  interest  prescribed  in  the  act  autho- 
rizing the  loan,  the  Comptroller  is  hereby  authorized  to  issue  the  said 
-stock  to  persons  entitled  to  the  payment  of  awards  on  the  new  reservoir; 
provided  such  persons  will  receive  the  same  at  par. 


536         OF  THE  CENTRAL  PARK  IMPROVEMENT  FUND, 

An  Ordinance  to  create  funds  for  the  improvement  of  the  Central 
Park. — (Passed  August  25, 1857). 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows: 

g  1.  A  public  stock  or  fund,  to  be  called  "  The  Central  Park  Improve- 
ment Fund,"  shall  be  created  for  a  loan  of  fifty  thousand  dollars,  which 
shall  bear  an  interest  not  exceeding  seven  per  centum  per  annum,  paya- 
ble quarter  yearly,  and  shall  be  redeemable  in  thirty  years  from  the  issue 
thereof. 

\  2.  The  nominal  amount  or  value  of  each  share  of  the  said  stock  shall 
be  one  hundred  dollars,  and  the  same  shall  consist  of  five  hundred  shares, 
or  portions  thereof  may  be  of  the  nominal  amount  or  value  of  five  hun- 
dred or  of  one  thousand  dollars,  and  the  number  thereof  shall  be  reduced 
accordingly. 

|  3.  The  said  loan  shall  be  receivable  at  any  time  within  sixty  days 
from  the  passage  of  this  ordinance. 

§  4.  The  Comptroller  is  hereby  authorized  and  directed  to  advertise 
for  proposals,  to  be  received  at  any  time  within  thirty  days  from  the  pas- 
sage of  this  ordinance,  and  not  to  be  opened  until  that  day  for  the  said 
loan,  or  for  any  portion  thereof,  not  less  than  the  par  value  of  one  share 
of  the  said  stock. 

|  5.  The  said  Comptroller  shall  determine,  on  and  after  the  expiration 
of  said  thirty  days,  which  and  what  portions  of  said  proposals  shall  be 
accepted,  and  shall  issue  certificates  for  the  number  of  shares  necessary 
to  make  up  the  said  sum  of  fifty  thousand  dollars,  to  the  person  or  per- 
sons, company  or  companies,  whose  proposals  shall  have  been  accepted, 
arid  each  certificate  shall  be,  or  as  nearly  as  may  be,  in  the  form  of  the 
certificates  issued  for  the  water  stock  of  the  city  of  New  York. 

\  6.  The  Comptroller  shall  receive  all  moneys  payable  for,  and  upon 
said  fund  or  stock,  and  shall  deposit  the  same  in  accordance  with  the 
provisions  of  an  act  entitled  "  An  act  for  the  regulation  and  government 
of  the  Central  Park  in  the  city  of  New  York,"  passed  April  17, 1857. 


THE  CENTRAL  PARK  IMPROVEMENT  FUND.          537 

An  Ordinance  to  provide  money  for  the  improvement  of  the  Central 
Park.— (Passed  November  9,  1857). 

'The  Mayor,  Aldermen  and   Commonalty  of  the    City  of  New  York,  in 
Common  Council  convened,  do  ordain  as  follows  : 

\  1.  A  public  stock  or  fund  is  hereby  created  for  an  amount,  the  an- 
nual interest  of  which,  with  the  interest  on  the  stock  of  said  fund  already 
-issued  under  an  ordinance  authorizing  the  same,  shall  not  exceed  the  sum 
of  one  hundred  thousand  dollars,  and  shall  be  issued  from  time  to  time, 
in  such  amounts  as  the  Common  Council  shall,  from  time  to  time,  pre  - 
scribe  by  ordinance,  which  stock  or  fund  shall  be  designated  and  known 
as  "  The  Central  Park  Improvement  Fund ;"  the  interest  payable  half 
yearly  and  shall  be  redeemable  in  thirty  years  from  the  day  on  which  the 
same  is  issued. 

2  2.  The  Comptroller  is  hereby  authorized  and  directed  to  advertise, 
•for  thirty  days,  for  proposals  for  the  said  fund  or  stock,  or  any  portion 
thereof,  in  such  amounts,  from  time  to  time,  as  shall  be  specially  ordered 
by  ordinance  of  the  Common  Council ;  but  no  proposal  shall  be  receiv- 
ed for  less  than  the  par  value  of  a  single  share. 

g  3.  The  said  fund  or  stock  shares  shall  be  divided  into  shares  of  the 
nominal  par  value  of  one  hundred  dollars  each. 

I  4.  Such  proposals  shall  not  be  opened  until  the  day  designated  for 
the  opening  thereof,  in  the  advertisement  therefor  ;  and  on  and  after  the 
expiration  of  said  thirty  days,  the  Comptroller  shall  determine  which,  and 
what  proportion  of  said  proposals  shall  be  accepted  ;  and  shall  issue  cer- 
tificates in  form,  as  nearly  as  may  be  of  the  certificates  issued  for  the 
Water  Stock  of  the  city  of  New  York,  for  the  amount  so  accepted,  and 
to  the  person  or  persons,  or  corporation  or  corporations,  whose  proposals 
^hall  have  been  accepted. 

\  5.  The  Comptroller  shall  "receive  all  moneys  payable  for  and  upon 
said  fund  or  stock,  and  shall  deposit  the  same  in  accordance  with,  and 
for  the  purposes  specified  in  the  provisions  of  an  act  entitled  "  An  act 
for  the  regulation  and  government  of  the  Central  Park,  in  the  city  of 
New  York,"  passed  April  17,  1857. 

I  6.  The  Comptroller  is  hereby  authorized  to  issue  stock  as  aforesaid 
pursuant  to  this  ordinance,  in  the  sum  of  two  hundred  and  fifty  thousand 
dollars. 

35 


588          THE  CENTRAL  PARK  IMPROVEMENT  FUND. 

An  Ordinance  to  provide  a  further  sum  for  the  improvement  of  the 
Central  Park.— (Passed  June  24,  L858). 

The  Mayor,  Aldermen  and  Commonalty  of  the  City  of  Ncio  York  in  Com- 
mon Council  convened,  do  ordain  as  follows  : 

1 1.  The  Comptroller  of  the  city  of  New  York,  is  hereby  ordered  and 
directed  to  issue  of  the  stock  or  fund  known  as  the  '  'Central  Park  Im- 
provement Fund,"  created  by  an  ordinance  of  the  Common  Council,  enti- 
tled "  An  ordinance  to  provide  money  for  the  improvement  of  the  Cen- 
tral Park  ;"  approved  by  the  Mayor,  November  9,  1857,  the  further 
amount  of  three  hundred  thousand  dollars  in  conformity  with  the  provi- 
sions of  the  said  ordinance. 


An  Ordinance  to  provide  a  further  sum  for  the  improvement  of  the 
Central  Park.— (Passed  Nov.  12,  1858). 

The  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows." 

$  1.  The  Comptroller  of  the  city  of  New  York  is  hereby  ordered  and 
directed,  to  issue  of  the  stock  or  fund,  known  as  the  "  Central  Park  Im- 
provement Fund/'  created  by  an  ordinance  of  the  Common  Council,  en- 
titled "An  ordinance  to  provide  money  for  the  Improvement  of  the  Cen- 
tral Park;"  approved  by  the  Mayor,  November  9,  1857,  the  further  sura 
of  three  hundred  thousand  dollars,  in  conformity  with  the  provisions  of 
said  ordinance. 


An  Ordinance  to  provide  a  further  sum  for  the  improvement  of  the 
Central  Park.— (Passed  May  13,  1859). 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows  : 

g  1.  The  Comptroller  of  the  city  of  New  York  is  hereby  ordered  and 
directed  to  issue  of  the  stock  or  fund,  known  as  the  "  Central  Park  Im- 
provement Fund,"  created  by  an  ordinance  of  the  Common  Council,  enti- 
tled "  An  ordinance  to  provide  money  for  the  Improvement  of  the  Cen- 
tral Park  ;"  approved  by  the  Mayor,  November  9,  1857,  the  further  sum 
of  three  hundred  thousand  dollars  in  conformity  with  the  provisions  of 
said  ordinance. 


OP  THE  PUBLIC  STOCK  FOR  REBUILDING  TOMPKINS  MARKET.      539 

An  Ordinance  to  provide  a  farther  sum  for  the  improvement  of  the 
Central  Park. 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows  : 

%  1.  The  Comptroller  of  the  city  of  New  York  is  hereby  ordered  and 
directed  to  issue  the  balance  remaining  unissued,  being  the  sum  of  four 
hundred  and  sixty-six  thousand  six  hundred  and  sixty-six  dollars  and 
sixty-six  cents  of  the  stock  or  fund,  known  as  the  "  Central  Park  Im- 
provement Fund,"  created  by  an  ordinance  of  the  Common  Council,  en- 
titled "An  ordinance  to  provide  money  for  the  Improvement  of  the 
Central  Park ;"  approved  by  the  Mayor,  November  9,  1857,  in  con- 
formity with  the  provisions  of  said  ordinance.  (Approved  July  23, 
1859.) 


An  Ordinance  to  raise  one  hundred  and  seventy  thousand  dollars  by 
loan,  and  to  fund  the  same  for  the  rebuilding  of  Tompkins  Market,  in 
pursuance  of  the  act  of  the  Legislature,  passed  April  11,  1856. — (Passed 
Feb.  11,1858.) 

§  1.  A  public  fund  or  stock,  to  be  called  "  Public  Stock  for  Rebuild- 
ing Tompkins  Market,"  shall  be  created  by  a  loan  of  one  hundred  and 
seventy  thousand  dollars,  which  shall  bear  interest  at  six  per  centum  per 
annum,  payable  half  yearly,  and  shall  be  redeemable  as  follows  :  Seven- 
teen thousand  dollars  on  the  first  day  of  July,  in  the  year  one  thousand 
eight  hundred  and  sixty,  and  seventeen  thousand  dollars  on  the  first  day 
of  July  in  each  year  thereafter,  until  the  whole  sum  is  redeemed. 

g  2.  The  nominal  amount  of  each  share  of  the  said  stock,  shall  be  one 
hundred  dollars,  and  the  total  of  said  stock  shall  consist  of  seventeen 
hundred  shares  ;  or  portions  thereof  may  be  of  the  nominal  amount  or 
value  of  five  hundred  dollars,  or  of  one  thousand  dollars,  in  which  case 
the  number  of  shares  shall  be  reduced  accordingly. 

$  3.  The  Comptroller  is  hereby  authorized  and  directed  to  advertise 
for  proposals  to  be  received  at  any  time,  within  twenty  days  from  the 
passage  of  this  ordinance,  and  not  to  be  opened  until  that  day  for  the 
said  loan,  or  for  any  portion  thereof,  not  less  than  the  par  value  of  one 
share  of  said  stock. 

§4.  The  said  Comptroller  shall  determine  on  and  after  the  expiration 
of  said  twenty  days,  which  and  what  proportions  of  said  proposals  shall 


540  OF  ASSESSMENT  BONDS. 

be  accented,  and  shall  issue  certificates  for  the  number  of  s  hares  neces 
sary  to  make  up  the  said  sum  of  one  hundred  and  seventy  thousand  dol- 
lars, to  the  person  or  persoms,  company  or  companies,  whose  proposals 
shall  have  been  accepted,  and  such  certificates  shall  be  as  nearly  as  may 
be  in  the  form  of  the  certificates  issued  for  the  Water  Stock  of  the  city 
of  New  York  ;  and  if  the  same  or  any  part  thereof  be  not  taken  by 
such  proposal  at  or  above  the  par  value  thereof,  then  the  Comptroller  is 
authorized  and  directed  thereafter  at  any  time,  to  issue  to  any  person  or 
persons,  company  or  companies,  upon  receiving  not  less  than  the  par 
value  thereof,  the  said  stock,  or  so  much  thereof  as  may  be  necessary  to 
make  up  the  said  sum  of  one  hundred  and  seventy  thousand  dollars. 

|  5.  The  said  Comptroller  shall  receive  the  moneys  payable  for  or 
upon  said  loan,  and  shall  pay  the  same  into  the  city  treasury,  and  keep  a 
separate  and  distinct  account  of  the  same,  and  of  all  sums  paid  on  ac- 
count thereof. 

§  6.  The  said  moneys,  when  received,  shall  be  applied  and  expended 
by  the  said  Comptroller  in  payment  of  the  amounts  due,  and  which  may 
become  due,  under  the  contract  entered  into  with  Theodore  Hunt,  on  the 
31st  of  December,  1856,  for  the  rebuilding  of  said  Tompkins  market, 
and  for  any  other  work  and  materials,  which  may  be  necessary,  for  the 
purpose  of  rebuilding  said  market,  and  for  no  other  purpose  whatever. 


An  Ordinance  for  the  issue  of  Assessment  Bonds,  for  periods  not  ex- 
ceeding five  years,  on  account  of  deficiencies  in  collecting  arrears  of  as- 
sessment.— (Petted  July  17,  1856.) 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows: 

$  1.  The  Comptroller  is  hereby  authorized  to  borrow,  on  the  credit  of 
the  Corporation,  from  time  to  time,  such  amount  as  may  be  required  to 
meet  the  deficiencies  caused  by  delay  in  collecting  arrears  of  assessments; 
not  exceeding,  at  any  time,  the  aggregate  amount  of  said  arrears  then 
outstanding,  as  provided  by  the  18th  section  of  the  act,  chapter  579,  of 
the  laws  of  1853. 

g  2.  For  the  payment  of  the  sums  thus  borrowed,  the  Comptroller  is 
authorized  to  issue  Assessment  Bonds,  for  such  periods  asinhisjudg^ 
ment  nv.iy  be  required  to  collect  the  arrearages  of  assessment,  according 
to  the  provisions  of  the  laws  and  ordinances,  not  exceeding  five  years ; 


MISCELLANEOUS   DEBTS.  541 

the  said  bonds  to  bear  interest  at  a  rate  not  exceeding  six  per  cent.,  pay- 
able semi-annually. 

g  3.  The  amount  of  bonds  authorized  to  be  issued  by  this  ordinance, 
shall  be  based  on  the  amount  of  uncollected  assessments  returned  to  the 
Clerk  of  Arrears  ;  and  the  sums  borrowed  on  said  bonds  shall  be  applied 
to  the  payment  of  claims  against  the  city,  growing  out  of  the  performance 
of  any  work  payable  by  assessment ;  provided  the  assessment  for  such 
work  has  been  confirmed  by  the  Common  Council. 


Of  "  Miscellaneous  Debts  of  the  City." 
An  Ordinance,  passed  Oct.  3,  1853. 

The  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  in  Com- 
mon Council  convened,  do  ordain  as  follows  : 

|  1.  The  Comptroller  is  hereby  required  to  borrow,  by  the  issue  of 
bonds,  authorized  by  the  act  entitled  "  An  act  to  authorize  the  Mayor, 
Aldermen  and  Commonalty  of  the  city  of  New  York  to  issue  Assessment 
Bonds,"  passed  April  16,  1852,  the  sum  of  two  hundred  thousand  dol- 
lars. 

I  2 .  The  proceeds  of  such  bonds  are  hereby  appropriated  and  applied 
to  the  payment  of  two  hundred  thousand  dollars  of  the  amount  due  to 
John  Pettigrew,  on  account  of  work  done  by  him  as-  assignee  of  the  con- 
tract, for  regulating  section  C  of  Second  avenue,  under  an  ordinance 
adopted  the  30th  September,  1850,  providing  for  the  regulating  of  Sec- 
one  avenue,  from  Twenty-eighth  to  One  hundred  and  twenty-third  street. 

$  3.  The  Comptroller  is  directed,  upon  the  receipt  of  the  proceeds  of 
said  bonds,  to  pay  the  same  over  to  John  Pettigrew,  on  account  of  work 
done  under  said  ordinance  and  contract,  and  to  draw  his  warrant  ac- 
cordingly to  the  said  John  Pettigrew,  for  the  said  sum  of  two  hundred 
thousand  dollars. 


542  RELATING   TO    CITY    RAILROADS,  GENERALLY. 


CITY  RAILROADS. 

ORDINANCES  AND  RESOLUTIONS  RELATING  TO  THE  DIFFERENT  LINES  OP 
RAILROADS  RUNNING  THROUGH  THE  STREETS  OF  THE  CITY.* 

Be  it  ordained,  fyc.,  That  the  grantees  of  all  railroads  within  the  city, 
their  associates  and  successors,  shall,  in  the  construction,  alterations  and 
repairs  of  such  railroads,  at  all  times,  furnish  such  new  work,  make  such 
additions,  and  do  all  such  repairs  to  man-hole  heads  and  covers,  receiv- 
ing basins  and  stop-cocks  and  covers,  and  generally  of  all  fixtures  con- 
nected with  sewers,  and  the  distribution  of  Croton  water,  as  may,  in  the 
process  of  laying  down  such  rail  tracks,  be  affected  thereby  ;  such  ad- 
ditions, alterations  and  repairs  to  be  done  under  the  direction  of,  and  to 
the  satisfaction  of  the  Croton  Aqueduct  Department,  and  that  in  no  case 
shall  such  rail  tracks  be  laid  over  the  line  of  Croton  water  mains,  stop- 
cocks, or  sewer  man-holes. — (Ord.  May  16,  1853.) 

THE   HARLEM   RAILROAD. 

Resolved,  That  the  maps  presented  by  the  New  York  and  Harlem 
Railroad  Company,  so  far  as  the  same  locates  the  route  of  the  said  rail- 
road, from  the  north  side  of  Twenty-third  street,  through  the  centre  of 
the  Fourth  avenue  to  Harlem  river,  and  the  branch  of  the  same  through 
the  centre  of  One  hundred  and  twenty-fifth  street,  from  the  Fourth  ave- 
nue to  the  Hudson  river,  be  approved,  upon  condition  that  neither  this 
approval,  nor  anything  herein  contained,  shall  be  construed  into  a  con- 
sent to  the  said  Company  to  construct  the  said  railroad ;  but  that  the 
said  Company  shall  first  obtain  the  consent  of  the  Mayor,  Aldermen  and 
Commonalty  of  the  city  of  New  York,  before  they  commence  the  con- 
struction of  said  road. — (Resolution,  OcMl,  1831.) 


A  Law  to  authorize  the  New  York  and  Harlem  Railroad  Company  to 
construct  their  railway. 

g  1.  Be  it  ordained,  fyc.,  That  the  New  York  and  Harlem  Railroad 
Company  be,  and  they  are  hereby  permitted  to  construct  and  lay  down, 
in  pursuance  of  their  act  of  incorporation,  a  double  or  single  track,  or 


*  Resolutions  as  to  laying  of  bridges  and  others,  which  do  not  affect  the  general 
regulations  of  the  roads  have  been  omitted.  The  provisions  here  incorporated  have 
been  inserted  as  matters  of  general  interest. 


THE    HARLEM    RAILROAD.  543 

railroad  or  railway  along  the  Fourth  avenue,  from  Twenty-third  street  to 
the  Harlem  river,  in  conformity  with  a  map  now  on  file  in  the  Register's 
office,  and  a  branch  thereof  along  One  hundred  and  twenty-fifth  street, 
from  the  Fourth  avenue  to  the  Hudson  river,  provided  that  the  width  of 
such  double  railroad  or  way  shall  not  exceed  twenty-four  feet. 

2  2.  And  be  it  further  ordained,  That  if,  at  any  time  after  the  con- 
struction of  the  aforesaid  railways,  by  the  said  Xew  York  and  Harlem 
Railroad  Company,  it  shall  appear  to  the  Mayor,  Aldermen  and  Com- 
monalty of  the  city  of  Xew  York,  that  the  said  railways,  or  any  part 
thereof,  shall  constitute  an  obstruction  or  impediment  to  the  future  regu- 
lation of  the  city,  or  the  ordinary  use  of  any  -street  or  avenue  of  which 
the  said  Mayor,  Aldermen  and  Commonalty  shall  be  the  sole  judges,  the 
said  Railroad  Company,  or  the  Directors  thereof  shall,  on  the  requisition 
of  the  said  Mayor,  Aldermen  and  Commonalty  forthwith  provide  a 
remedy  for  the  same,  satisfactory  to  the  said  Mayor,  Aldermen  and  Com- 
monalty, or  if  they  fail  to  find  such  remedy,  they  shall,  within  one  month 
after  such  requisition,  proceed  to  remove  such  railway,  or  obstruction, 
or  impediment,  and  to  replace  the  street  or  avenue  in  as  good  condition 
as  it  was  before  the  said  railway  was  laid  down  ;  and  should  the  said 
Directors  decline  or  neglect  to  obey  such  requisition,  the  said  Mayor, 
Aldermen  and  Commonalty  may,  upon  the  expiration  of  the  time  limit- 
•ed  in  such  notice,  cause  the  obstruction  or  impediment  to  be  removed, 
and  the  avenues  or  streets  restored  as  aforesaid,  at  the  expense  of  the 
said  Railroad  Company. 

g  3.  That  the  right  of  regulating  the  description  of  power  to  be  used 
in  propelling  carriages  on  and  along  said  railways,  and  the  speed  of  the 
same,  as  well  as  all  other  power  reserved  to  the  said  Mayor,  Aldermen 
and  Commonalty  by  the  act  of  incorporation  of  the  said  Company,  or 
any  part  thereof,  be,  and  the  same  are  hereby  expressly  retained  and  re- 
served. 

§  4.  That  it  shall  especially  be  incumbent  on  the  said  New  York  and 
Harlem  Railroad  Company,  at  their  own  cost,  to  construct  stone  arches 
and  bridges  for  all  the  cross  streets  now  or  hereafter  to  be  made,  (which 
will  be  intersected  by  the  embankments  or  excavations  of  the  said  rail- 
road) and  which,  in  the  opinion  of  the  Common  Council,  the  public  con- 
venience requires  to  be  arched  or  bridged  ;  and  also  to  make  such  em- 
bankments or  excavations  as  (in  the  opinion  of  the  Common  Council) 
may  be  required  to  make  the  passage  over  the  railroad  and  embank- 
ments, at  the  intersected  cross  streets,  easy  and  convenient  for  all  the 


544  THE    HARLEM  RAILROAD. 

purposes  for  which  streets  and  roads  are  usually  put  to,  and  also  that 
the  said  Company  shall  make,  at  their  own  like  cost  and  charges,  all 
such  drains  and  sewers  as  their  embankments  and  excavations  may  (in 
the  opinion  of  the  Common  Council)  make  necessary,  all  which  work 
to  be  done  under  the  like  requisition  and  under  like  disabilities,  as  in  the 
second  section  of  this  ordinance  mentioned  ;  and,  further,  that  the  said 
Company  shall  make  their  railroad  path  from  time  to  time  conform  to 
what  may  hereafter  be  the  regulation  of  the  avenue  and  road  through 
which  said  railroad  passes. 

§  5.  That  it  shall  be  incumbent  on  the  said  New  York  and  Harlem 
Railroad  Company  to  commence  and  complete  their  said  railroad  in  the 
respective  times  allowed  for  that  purpose  in  their  act  of  incorporation  ; 
and  unless  they  commence  and  complete  the  same  in  the  periods  of  time 
for  the  said  commencement  and  completion  in  said  incorporation  speci- 
fied, that  then  the  consent  of  the  Common  Council,  and  all  the  powers 
and  privileges  given  in  this  ordinance  shall  cease  and  be  null  and  void. 

g  6.  That  in  case  the  said  railrond  should  not  be  completed  withi'i  the 
times  for  that  purpose  in  their  charter  mentioned,  or  if  any  time  after 
the  construction  of  the  said  railroad,  the  same  should  be  discontinuedy 
or  not  kept  up,  and  in  repair  as  a  good  and  sufficient  railroad,  that  then- 
the  strip  of  land  to  be  taken  for  the  said  railroad  should  be  thrown  opeD 
and  become  a  part  of  the  street  or  public  avenue,  without  any  assess- 
ment on  the  owners  of  the  adjoining  land  or  the  public  therefor. 

I  7.  That  no  building  shall  be  erected  on  the  said  strip  of  land  to  be 
taken  for  said  railroad  ;  and  that  a  railing  or  other  erections  shall  be 
made  on  the  outer  edges  of  the  embankments  or  railroad  path,  and  also 
such  railing  or  fences  on  the  edges  of  the  excavations  as  the  Common 
Council  shall,  from  time  to  time,  deem  necessary  to  prevent  accidents 
and  loss  of  lives  to  our  fellow  citizens. 

§  8.  That  this  ordinance  shall  not  be  considered  as  binding  on  the 
Common  Council,  nor  shall  the  said  ordinance  go  into  effect  until  the 
said  Harlem  Railroad  Company  shall  first  duly  execute  (under  their  cor- 
porate seal)  such  an  instrument  in  writing  (promising,  covenanting  and' 
engaging  on  their  part  and  behalf  to  stand  to,  abide  by,  and  perform  alt 
the  conditions  and  requirements  in  this  ordinance  contained)  as  the- 
Mayor  and  the  Counsel  of  the  Board  shall,  by  their  certificate  approve,, 
and  not  until  such  instrument  shall  be  filed,  so  certified  in  the  Comptrol- 
ler's office  of  this  city.— -(Passed  Dec.  22,  1831). 


THE    HARLEM  RAILROAD.  545 

Resoh-ed,  That  the  New  York  and  Harlem  Railroad  Company  be, 
and  are  hereby  authorized  to  take  possession  of  the  ground  owned  by  the 
Common  Council,  over  which  the  line  of  said  railroad  is  ordered  to  be 
constructed,  and  that  they  may  be  permitted  to  use  the  same  during  the 
continuance  of  the  present  charter,  for  the-  purpose  of  a  railroad,  and 
that  only,  and  when  they  cease  so  to  use  it,  it  shall  revert  to  the  Corpora- 
tion ;  provided  always,  that  said  laud  shall  be  so  used  as  not  to  interfere 
with  the  use  of  the  cross  streets,  and  on  condition,  however,  that  if  the 
said  Corporation  shall  not  commence  the  said  railroad,  and  complete  the 
same  within  the  time  limited  by  their  charter,  then  the  privilege  hereby 
granted  shall  cease  and  be  void. — (Resolution,  Feb.  1,  1832). 

Resolved,  That  the  New  York  and  Harlem  Railroad  Company  be  per- 
mitted, and  the  Common*Council  hereby  consent,  so  far  as  their  rights 
extend,  that  the  said^Company  may  extend  their  rails  southerly  from  the 
north  line  of  Twenty-third  street  to  Prince  street,  subject,  however,  to 
the  same  conditions  and  restrictions  which  the  Common  Council  hereto- 
fore imposed  upon  said  Company  in  respect  to  that  part  of  the  road 
above  Twenty-third  street ;  that  the  said  Company  may  forthwith  pro- 
ceed to  lay  down  a  single  track  through  the  Fourth  avenue,  south  of 
Twenty-third  street,  Union  place,  Bloomingdale  road  and  Broadway, 
and  another  single  track  through  the  Bowery — both  as  far  south  a3 
Prince  street ;  and  after  two  months'  use  of  a  single  track  upon  the 
whole  distance  south  of  Twenty-third  street,  on  both  Broadway  and  the 
Bowery,  with  convenient  turnings  at  the  several  terminations  as  above- 
mentioned  they  may,  unless  otherwise  directed  by  the  Common  Council, 
lay  down  a  second  track  on  each  of  the  above-mentioned  routes  ;  the 
same  to  beonaintained  by  the  said  Company,  subject  at  all  times  to  the 
regulations  of  the '  Common  Council,  and  also  subject  to  the^obligation 
of  removing  the  whole  or  any  part  of  the  railways  hereby  permitted  to 
be  laid  down  in  case  the  Common  Council  shall  hereafter  see  fit  to  re< 
quire  the  same  ;  provided,  however,  that  all  the  said  rails  shall  be  laid 
down  in  such  manner  and  in  such  parts  of  the  said  streets  as  shall  be  ap- 
proved by  the  Street  Commissioner,  so  as  to  cause  no  impediment  to  the 
common  and  ordinary  use  of  the  streets  for  all  other  purposes,  and  that 
the  water-courses  of  the  streets  shall  be  left  free  and  unobstructed,  and 
that  the  said  Company  shall  pave  the  streets  in  and  about  the  rails  in  a 
satisfactory  and  permanent  manner,  and  keep  the  width  of  twenty  feet  of 
said  paving,  including  the  rails  in  good  repairs  at  all  times  during  the 
continuance  of  their  use  thereof;  and,  provided  further,  that  if  at  any 
time  after  the  said  rails  shall  have  been  laid  down,  the  Common  Council 


546 


THE    HARLEM  RAILROAD. 


shall  deem  it  necessary,  and  shall  order  the  said  rails  to  be  taken  up,  the 
said  Kailroad  Company  shall  cause  the  pavement  of  the  streets  to  be 
placed  in  good  and  sufficient  repair  ;  and,  provided  further,  that  the  said 
Company  have  their  single  rail  tracks  above-mentioned  completed  on  or 
before  the  first  day  of  May,  1834,  and  that  they  are  to  charge  and  re- 
ceive such  tolls,  rates  or  fare  for  the  carrying  of  passengers  or  effects 
upon  the  said  rail  tracks  south  of  Twenty-third  street,  as  the  said  Com- 
mon Council  may  prescribe. 

Resolved,  That  the  above  resolution  shall  not  be  considered  as  binding 
on  the  Common  Council,  nor  shall  the  same  go  into  effect  until  the  said 
Harlem  Railroad  Company  shall  first  duly  execute,  under  their  corporate 
seal,  such  an  instrument  in  writing,  promising,  covenanting  and  agreeing 
on  their  part  and  behalf  to  stand  to,  abide  and  perform  all  the  condi- 
tions and  provisions  in  the  said  resolution  contained  as  the  Mayor  and 
the  Counsel  of  the  Board  shall  approve  of  by  a  certificate  under  their 
hands,  nor  until  such  instrument  shall  be  filed,  so  certified  in  the  Comp- 
troller's office  of  this  city.— (Resolution,  May  10,  1832). 

Resolved,  That  the  New  York  and  Harlem  Railroad  Company  be  per- 
mitted, and  the  Common  Council  hereby  consent,  so  far  as  their  rights 
extend,  that  the  New  York  and  Harlem  Railroad  Company  may  con- 
tinue their  rails  by  single  or  double  track  southerly,  from  the  north  line 
of  Prince  street  to  the  north  line  of  Walker  street,  subject  to  the  same 
conditions  and  restrictions  which  the  Common  Council  heretofore  im- 
posed upon  the  said  Company  in  respect  to  that  part  of  the  said  road 
between  Prince  street  and  Twenty-third  street,  as  provided  by  the  ordi- 
nances of  the  Common  Council,  May  20,  1832. —  (Resolution,  May  4, 
1837). 

Resolved,  That  the  New  York  and  Harlem  Railroad  Company  be  per- 
mitted, and  the  Common  Council  hereby  consent,  that  the  said  Company 
may  continue  their  rails  similar  to  those  laid  between  Thirteenth  and 
Fourteenth  streets  by  a  double  track  from  the  Bowery  through  Broome 
street  to  Centre  street,  and  from  Broome  street  through  Centre  street  to 
Chatham  street,  subject  to  the  same  conditions  and  restrictions  which 
the  Common  Council  heretofore  imposed  upon  the  said  Company. 

Resolved,  That  when  such  rails  shall  be  laid  through  Centre  aud 
Broome  streets,  the  said  Company  shall  cause  so  much  of  the  rails  as  are 
laid  in  the  Bowery  south  of  Broome  street,  to  be  removed,  and  the 
street  repaved  under  the  direction  of  the  Street  Commissioner. — (Resolu- 
tion, May  4,  1838. 


THE    HARLEM  RAILROAD. 

Resolved,  That  the  New  York  and  Harlem  Railroad  Company  be  au- 
thorized to  lay  down  rails  in  Canal  street,  from  their  road  in  Centre 
street,  to  a  point  seventy-five  feet  east  of  Broadway,  to  enable  them  to 
afford  the  increased  accommodation  for  the  public,  which  may  be  re- 
quired by  the  extension  of  their  own  road,  and  by  their  connection  with 
the  New  York  and  New  Haven  Railroad  Company,  and  for  the  purpose 
of  establishing  a  depot  for  passengers  to  and  from  the  New  York  and 
New  Haven  Railroad,  with  permission  to  cross  the  sidewalk  from  the 
rail  tracks  into  any  premises  which  either  of  said  companies  may  be- 
come the  lessees  or  owners  of,  all  of  which  to  be  under  the  direction  of 
the  Street  Commissioner,  the  privileges  hereby  granted  to  be  enjoyed  by 
said  company  during  the  pleasure  of  the  Common  Council. — (Res.,  Nov. 
15,1848). 

Resolved,  That  the  New  York  and  Harlem  Railroad  Company  be,  and 
they  are  hereby  authorized  to  take  up  their  double  track,  from  the  cor- 
ner of  Grand  and  Centre  streets,  to  the  Bowery,  and  lay  down  a  single 
track  in  the  centre  of  the  street,  from  the  corner  of  Grand  street,  through 
Centre  and  Broome  streets  to  the  Bowery  ;  down  the  Bowery  to  Grand 
street,  and  through  Grand  street  to  Centre  street,  under  the  direction  of 
the  Street  Commissioner. — (Res.  Sept.  13,  1850). 

Resolved,  That  the  New  York  and  Harlem  Railroad  Company  be, 
and  they  are  hereby  authorized  to  lay  groove  rails  in  a  permanent  man- 
ner, for  a  single  track,  on  the  westerly  side  of  Chatham  street,  from 
the  present  terminus  at  Centre  street,  to  the  southerly  end  of  the  Park, 
with  a  turn-out,  as  shown  on  a  profile  on  the  petitions  hereunto  attached, 
for  the  exclusive  use  and  purpose  of  running  their  city  line  of  small  pas- 
senger cars  upon,  to  that  point,  subject  to  the  pleasure  and  order  of  the 
Common  Council ;  that  when  the  Common  Council  may,  or  shall  hereaf- 
ter, order  the  said  track  to  be  taken  up,  the  Company  shall  comply 
therewith  at  once,  and  that  said  Company  shall,  before  said  track  is  laid, 
execute  to  the  city  an  agreement  to  comply  therewith  at  once,  when  or- 
dered, and  that  they  will  not  run  any  but  small  passenger  cars  thereon, 
and  that  the  Comptroller  be  charged  with  the  preparation  and  execution 
of  said  agreement ;  said  track  to  be  laid  under  the  direction  of  the 
Street  Commissioner,  provided  that  the  said  Company  shall  grade  the 
street  through  which  the  said  rails  shall  be  laid,  at  their  own  expense, 
and  keep  the  same  in  repair ;  that  all  ordinances  heretofore  passed  rela- 
tive to  the  said  Company,  shall  not  be  deemed  to  be  in  any  way  repealed 
by  such  permission  hereby  granted,  except  so  far  as  the  same  conflicts 
therewith.  And  that  said  rails  shall  .not  be  laid  within  a  distance  of 


543  THE    HARLEM  RAILROAD. 

twenty  feet  of  the  cross  walk  at  the  corner  of  Broadway  and  the  southern 
end  of  the  Park.— (Res.  Feb.  6,  1851). 

Resolved,  That  no  locomotive  or  steam  engine  be  allowed  to  run  on 
the  tracks  of  the  Harlem  or  New  Haven  Railroad  Company,  on  Fourth 
avenue,  south  of  Forty-second  street,  eighteen  months  after  the  passage 
of  this  ordinance.— (.Re*.,  Dec.  27,  1854). 

Resolved,  That  the  Harlem  Railroad  Company  be  directed  to  station 
a  flagman  at  the  corner  of  the  Bowery  and  Broome  street,  for  the  pur- 
pose of  warning  pedestrians  and  those  persons  driving  vehicles,  of  the 
nigh  approach  of  the  rail  cars,  as  they  turn  the  corner  of  the  said  Bowe- 
ry and  Broome  street. — (Resolution,  Feb.  3,  1857). 

Resolved,  That  the  Harlem  Railroad  Company  be  directed  to  place 
a  flag-man  at  the  corner  of  Pearl  and  Centre  streets  for  the  protection  of 
persons  crossing  said  streets. — (Resolution,  Feb.  10, 1857). 

Resolved,  That  the  Harlem  Railroad  Company  be,  and  they  are  hereby 
directed  to  cause  their  small  cars  to  be  run  on  their  track  to  Forty-second 
street,  as  often  and  as  regularly  as  they  are  now  run  between  Twenty- 
seventh  street  and  Park  Row,  the  said  Company  to  commence  running 
small  cars  as  aforesaid,  within  four  months  after  the  approval  of  this 
resolution  by  his  Honor  the  Mayor. — (Resolution,  July  12,  1858). 

.Be  it  Ordained,  fyc . 

\  1.  The  New  York  and  Harlem  Railroad  Company  is  hereby  au- 
thorized, empowered  and  permitted  to  use  steam  in  the  drawing  of  their 
passenger  and  freight  cars  upon  their  railroad,  on  the  Fourth  avenue,  to 
and  from  the  northern  extremity  of  Manhattan,  or  New  York  Island,  to 
the  south  side  of  Forty-second  street,  and  to  permit  the  use  thereof  by 
the  New  York  and  New  Haven  Railroad  Company  to  the  same  point, 
with  turn-outs  to  the  engine  houses  respectively,  for  a  period  of  thirty 
years  from  the  passage  of  this  ordinance. 

\  2 .  Until  the  completion  of  their  new  machine  shops,  at  or  above 
Forty-second  street,  the  New  York  and  Harlem  Railroad  Company  shall 
be  permitted  to  run  their  engines  with  steam,  for  repairs  only,  but  with- 
out any  car,  truck  or  other  vehicle  attached,  to  and  from  their  present 
machine  shop  at  Thirty-second  street ;  but  such  permission  shall  not 
extend,  in  any  event,  beyond  a  period  of  eighteen  months  from  the  date 
of  this  ordinance. 

\  3.  The  New  York  and  Harlem  Railroad  Company  are  hereby  au- 


THE    HUDSON    RIVER   RAILROAft  549 

thorized  to  lay  down  a  double  track  or  railway  from  their  track  in  the 
Fourth  avenue,  at  Forty-second  street,  up  said  street  to  Madison  avenue, 
and  up  Madison  avenue  to  Seventy-ninth  street,  or  as  far  as  it  may,  from 
time  to  time  be  opened,  for  the  use  of  their  small  cars  only. 

\  4.  The  said  company  is  hereby  authorized  to  lay  down  in  the  Fourth 
avenue,  between  Forty-second  and  Fiftieth  streets,  two  additional  tracks, 
for  the  use  of  themselves  and  the  New  York  and  New  Haven  Railroad 
Company,  to  enable  them  to  land  and  receive  their  passengers,  and  may 
cover  that  portion  thereof  which  extends  from  Forty-second  to  Forty- 
fourth  street,  by  a  neat  ornamental  roof  or  shed,  to  be  first  approved  by 
the  Mayor  of  the  city  of  New  York  ;  and  that  the  sidewalks  opposite  to 
said  building  be  reduced  to  sixteen  feet  on  each  side  of  said  avenue  in 
front  of  the  premises  of  said  railroad  company. 

§  5.  The  New  York  and  Harlem  Railroad  Company  shall  forthwith  com- 
plete the  title  of  the  Corporation  of  the  city  of  New  York,  to  the  strip 
of  ground  twenty  feet  wide,  between  Thirty-1hird  and  Thirty-fourth 
streets,  on  the  west  side  of  the  Fourth  avenue,  and  also  to  the  strip  of 
ground  twenty  feet  wide,  between  Thirty-second  and  Thirty- third  streets, 
agreed  by  them  to  be  conveyed  to  the  city  ;  and  shall,  within  six  months 
from  this  date,  remove  their  engine  house  at  Thirty-second  street  from 
said  last-mentioned  strip  of  land. 

\  6.  In  the  case  the  New  York  and  Harlem  Railroad  Company  shall 
fail  to  carry  out  in  good  faith  the  provisions  of  the  second  and  fifth  sec- 
tions of  this  ordinance,  within  the  times  in  said  sections  respectively 
limited,  the  privileges  hereby  granted  shall  cease  and  determine,  and  this 
ordinance  shall  be  null  and  void. — (Ordinance,  December  31,  1858.) 


THE    HUDSON    RIVER    RAILROAD. 

T/ie  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New  York,  in 
Common  Council  convened,  do  ordain  as  follows  .• 

%  1.  Permission  is  hereby  granted  to  the  Hudson  River  Railroad  Com- 
pany to  construct  a  double. track  of  rails,  with  suitable  turn-outs  along 
the  line  of  the  Hudson  River,  from  Spuyten  Devil  Creek  to  near  Sixty- 
eighth  street ;  occupying  so  much  of  the  Twelfth  avenue  as  lies  atong 
the  shore,  thence  winding  from  the  shore  so  as  to  intersect  the  Eleventh 
avenue,  at  or  near  Sixtieth  street ;  thence  through  the  middle  of  the 
Eleventh  avenue  to  about  Thirty-second  street;  thence  on  a  curve  across 


550  THE    HUDSOX    RIVER    .RAILROAD. 

to  the  Tenth  avenue,  intersecting  the  Tenth  avenue  at  or  near  Thirtieth 
street;  thence  through  the  middle  of  the  Tenth  avenue  to  West  street, 
and  thence  through  the  middle  of  West  street  to  Canal  street. 

§  2.  The  said  Hudson  River  Railroad  Company  shall' grade,  regulate, 
pave  and  keep  in  repair  a  space  twenty-five  feet  in  width,  in  and  about 
the  tracks,  in  all   the  avenues  and  streets  through  which  the  said  track 
or  tracks  shall  be  laid,  whenever  the  Common   Council  shall  deem  the 
interest  of  the  public  to  require  such  pavement  to  be  done.     The  said 
company  shall  lay  such  rail  track  through  the  avenues  and  streets  in  con- 
formity to  such  directions  as  to  line  and  grade  as  shall  be  given  by  the 
Street  Commissioner,  and  shall  conform  their  said  railroad  to  the  grades 
of  the  avenues  and  streets  through  which  it  shall  extend,  or  cross,  as 
shall  be  from  time  to  time  established  by  the  Common  Council,  if  the 
latter  so  require  ;   and  shall  lay  their  rails  or  tracks  in  the  streets  or 
avenues,  in  such  manner  as  to  cause  no  unnecessary  impediment  to  the 
common  and  ordinary  use  of  the  street  for  all  other  purposes,  and  so  as 
to  leave  all  the  water  courses  free  and  unobstructed.     It  shall  be  espe- 
cially incumbant  on  the  said  Hudson  River  Railroad  Company,  at  their 
own  cost,  to  construct  stone  bridges  across  such  of  the  streets  intersected 
by  the  railroad  as  may,  by  the  elevation  of  their  grades  above  the  sur- 
face of  said  road,  require  to  be  arched  or  bridged,  whenever,  in  the  opi- 
nion of  the   Common  Council,  the  same  shall  be  necessary  for  public 
convenience  ;  and  also  to  make  such  embankments   or  excavations  as 
the  Common  Council  may  deem  necessary  to  render  the  passage  over 
the  railroad  and  embankments  at  the  cross  streets  easy  and  convenient 
for  all  the  purposes  for  which  streets  and  roads  are  usually  put  to  ;   and 
the  said  company  shall  also  make,  at  their  own  cost  and  charge,  all  such 
drains  and  sewers,  as  their  embankments  or  excavations  may,  in  the  opi- 
nion of  the  Common  Council,  render  necessary  ;  and  said  company  shall 
be  at  all  times  subject  to  such  regulations,  with  reference  to  the  conve- 
nience of  public  travel  through  such  streets  and  avenues  as  are  affected 
by  the  said  railroad,  as  the  Common  Council  shall,  from  time  to  time,  by 
resolution  or  ordinance,  direct;  and  the  Corporation  hereby  reserves  the 
right  to  require  said  company,  at  any  time  after  the  Eleventh  avenue 
shall  be  made  to  Fourteenth  street,  to  take  up  their  rails  in  the  Tenth 
avenue,  and  lay  them  in  the  Eleventh  avenue  to  said  Fourteenth  street, 
and  through  Fourteenth  street  to  connect  with  West  street. 

g  3.  The  said  company  shall,  within  one  year  from  the  passage  of  this 
ordinance,  and   before  entering  upon  any  contracts  for  grading,  file  in 


THE    HUDSON    RIVER   RAILROAD.  551 

the  office  of  the  Street  Commissioner  a  map  showing  the  location  and 
intended  grade  of  said  railroad. 

$  4.  Permission  is  hereby  granted  to  the  Hudson  River  Railroad 
Company  to  run  their  locomotives  as  far  south  as  Thirtieth  street,  and 
no  farther. 

$  5.  The  said  Hudson  River  Railroad  Company  shall  be  and  are 
hereby  prohibited  from  running  a  stated  train  between  any  points  below 
Thirty-second  street,  for  the  carrying  of  passengers  between  those  points, 
under  the  penalty  of  twenty-five  dollars  for  each  passenger  from  whom 
fare  shall  be  received  therefor. 

\  6.  This  ordinance  shall  not  be  construed  as  binding  upon  the  Corpo- 
ration, nor  shall  it  go  into  effect,  until  the  said  Hudson  River  Railroad 
Company  shall  first  duly  execute,  under  their  corporate  seal,  such  an  in- 
strument in  writing,  covenanting  and  engaging,  on  their  part  and  behalf, 
to  stand  to,  abide  by,  and  perform  all  such  conditions  and  requirements 
contained  in  the  second  and  third  sections  of  this  ordinance,  as  the  Mayor 
and  the  Counsel  to  the  Corporation  shall  by  their  certificate  approve, 
and  not  until  such  instrument  shall  be  filed,  so  certified,  in  the  office  of 
the  Comptroller  of  this  city. — Ordinance  May  6,  1847. 

Resolved,  That  the  Hudson  River  Railroad  Company  be  authorized 
to  lay  down  a  double  track  of  rails,  with  suitable  curves  and  turn-outs, 
from  the  northerly  line  of  Canal  street,  at  West  street,  through  Canal 
and  Hudson  streets  to  Chambers  street,  under  the  direction  of  the  Street 
Commissioner,  and  subject  to  all  the  restrictions,  obligations,  provisions 
and  conditions  of  the  ordinance  authorizing  said  company  to  lay  down 
rails  to  Canal  street. — (Res.  Sept.  25,  1849.) 

Resolved,  That  the  Hudson  River  Railroad  Company  may  extend 
one  of  their  tracks  around  the  country  market,  (leased  to  them  at  foot 
of  Canal  street,)  with  suitable  curves  and  turn-outs,  under  the  direction 
of  the  Street  Commissioner,  so  as  to  connect  with  the  track  on  West 
and  Canal  streets,  already  constructed  by  them,  subject  to  all  the  terms, 
conditions  and  restrictions  of  the  annexed  resolution  passed  and  ap- 
proved as  stated  below.  See  resolution  approved  September  25,  1849. 
(Re*.  January  1,  1850). 

Resolved,  That  the  Hudson  River  Railroad  Company  be,  and  they 
are  hereby  permitted  to  propel  their  cars  from  Chambers  street  to 
Thirty-first  street,  by  their  street  locomotive,  or  "  Dumb  Engine,"  upon 
the  condition  that  the  same  shall  not  be  run  at  a  greater  speed  than  six 
miles  an  hour;  and  also,  that  they  shall  employ  a  proper  person  to  pre- 
cede the  trains  on  horseback,  to  give  necessary  warning,  in  a  suitable 


552  THE   HUDSON    RIVER   RAILROAD. 

manner,  of  their  approach,  and  be  under  such  further  directions  as  the 
Common  Council  may,  from  time  to  time,  prescribe. — (Res.  December 
4,  1850.) 

Resolved,  That  the  Hudson  River  Railroad  Company  be  directed  to 
take  up  their  rails,  and  relay  them,  so  that  at  the  southwest  corner  of 
Tenth  avenue  and  Thirtieth  street  they  shall  be  distant  from  the  angle 
of  the  curb  at  least  twelve  feet. — (Res.  August  11,  1851). 

Resolved,  That  the  Hudson  River  Railroad  Company  be,  and  are 
hereby  required  to  remove  the  present  high  rail  in  use  upon  their  road, 
from  the  corner  of  Chambers  street  and  West  Broadway,  up  to  Fifty- 
third  street,  and  to  lay  down  in  the  stead  thereof,  the  rail  known  as  the 
grooved  rail,  and  that  the  same  be  done  within  six  months  from  the 
passage  of  this  resolution  by  the  Common  Council. 

Resolved,  That  the  Hudson  River  Railroad  Company  be,  and  they 
are  hereby  authorized  and  directed  to  place  upon  their  road,  city  pas- 
senger or  small  cars,  to  be  run  between  the  depot  at  Chambers  street 
and  Fifty-third  street ;  to  take  up  and  set  down  city  passengers  between 
those  points;  to  be  governed  by  the  general  rules  regulating  the  Eighth 
Avenue  Railroad ;  and,  further,  that  they  run  a  car  thereon  each  and 
every  day,  both  ways,  as  often  as  every  fifteen  minutes,  from  5  to  6 
o'clock,  A.  M.,  and  every  five  minutes,  from  six  o'clock,  A.  M.,  to  8  o'clock, 
p.  M.  ;  every  fifteen  minutes,  from  8  o'clock,  p.  M.,  to  12  o'clock,  p.  M.  ; 
and  every  thirty  minutes,  from  12  o'clock,  p.  M.,  to  five  o'clock,  A.  M. 
and  as  much  oftener  as  public  convenience  may  require,  under  the  regu- 
lations of  the  Common  Council ;  and  that  the  said  company  shall  have 
the  right  to  demand,  and  receive,  from  each  passenger  conveyed  in  said 
cars,  the  sum  of  five  (5)  cents,  and  no  more.  The  aforesaid  cars  to  be 
placed  and  run  upon  said  **oad  within  six  months  from  the  passage  of 
this  resolution  by  the  Common  Council.  It  being  a  special  provision 
and  understanding,  in  making  this  grant  to  the  Hudson  River  Railroad 
Company,  that  the  said  company  shall  not,  at  any  time,  either  directly 
or  indirectly,  in  any  way  alienate  from  themselves,  as  a  company,  or  in 
any  manner  dispose  of  the  right  to  run  small  cars  upon  their  said  road 
hereby  granted,  unless  by  consent  of  the  Common  Council,  under  the 
penalty  of  the  forfeiture  of  this  grant,  immediately  thereupon. 

Revolted,  That  the  Hudson  River  Railroad  Company  be,  and  they  are 
hereby  directed  to  cease  the  running  of  locomotives  or  steam  engines 
below  Fifty-third  street,  immediately  upon  the  small  cars  being  placed 
upon  their  road,  in  accordance  with  the  foregoing  resolution. — (Res, 
Dec.  13, 1858;. 


NEW  HAVEN  AND  SIXTH  AND   EIGHTH ^AVENUE  RAILROADS.       553 
THE    NEW    HAVEN    RAILROAD. 

Resolved,  That  the  block  of  ground  [bounded  by  Centre,  Franklin, 
Elm,  and  White  streets,  be  leased  to  the  New  York  and  New  Haven 
Railroad  Company,  for  the  terra  of  twenty-one  years,  (the  arsenal  build- 
ings on  Elm  and  Franklin  streets  to  remain  for  the  use  of  the  military 
until  May  1st,  1851,)  at  an  annual  rent  of  six  thousand  dollars,  payable 
quarterly,  together  with  the  taxes  and  assessments  on  the  same,  with  co- 
venants for  renewal  at  the  expiration  of  twenty-one  years,  at  a  rent  to 
be  fixed  by  appraisement.  The  said  company  to  improve  the  said  pre- 
mises within  one  year,  from  the  date  of  their  lease.  Said  premises  to 
continue  during  said  leases  for  a  railroad  depot,  and  the  Comptroller  is 
hereby  directed  to  have  a  lease  executed  in  accordance  with  this 
resolution,  provided  that  nothing  therein  contained  shall  be  con- 
strued or  taken  as  a  consent  or  assent  on  the  part  of  the  Corporation  of 
the  city  of  New  York,  to  the  use  by  the  said  railroad  company,  of  any 
of  the  streets  and  avenues  of  said  city,  for  the  purpose  of  running  cars 
thereon,  by  virtue  of  an  agreement  with  the  Harlem  Eailroad  Company  ? 
or  as  a  waiver  of  the  right  and  power  of  the  Common  Council  of  said 
city,  to  regulate  and  control  tho  said  New  York  and  New  Haven  Rail- 
road Company,  to  the  same  extent  it  can  now  control  the  New  York 
and  Harlem  Company. — (Res.  Sept.  5, 1850.) 

Resolved,  That  the  Harlem  and  New  Haven  Railroad  Companies  shall 
station  a  man  on  the  north-west  corner  of  Grand  street  and  the  Bowery, 
to  warn  persons  coming  down  the  Bowery  on  foot,  or  in  vehicles,  of  the 
near  approach  of  the  cars,  toward  the  corner  of  Grand  street  and  the 
Bowery.— (Res.  Feb.  15,  1853.) 


SIXTH   AND  EIGHTH  AVENUE  RAILROADS. 

Resolved,  That  the  persons  to  whom  permission  is  granted  by  the  fol- 
lowing resolutions,  and  those  who  may  hereafter  become  associated  with 
them,  have  the  authority  and  consent  of  the  Common  Council  to  lay  a 
double  track  for  a  railroad  in  the  following  streets,  viz  :  From  a  point 
at  the  intersection  of  Chambers  street  and  West  Broadway ;  thence 
along  West  Broadway  to  Canal  street ;  thence  along  and  down  Canal 
street  to  Hudson  street ;  along  Hudson  street  and  Eighth  avenue,  to  a 
point  at  or  near  Fifty-first  street ;  and  that  said  railroad  be  continued 
through  the  Eighth  avenue  to  Harlem  river,  whenever  required  by  the 
36 


554  SIXTH  AND  EIGHTH  AVENUE  RAILROADS. 

Common  Council,  and  as  soon  and  as  fast  as  said  avenue  is  graded,  upon 
the  following  stipulations  and  conditions,  viz  :  Such  track  or  tracks  to 
be  laid  under  the  direction  of  the  Street  Commissioner,  and  on  such 
grades  as  are  now  established,  or  may  hereafter  be  established  by  the 
Common  Council,  the  said  parties  to  become  bound  in  a  sufficient  penal- 
ty, to  keep  in  good  repair  the  space  between  the  track  and  the  space 
outside  the  same,  on  either  side,  of  at  least  eight  feet  in  width,  of  each 
street  in  which  the  rails  are  laid,  and  also  that  no  motive  power,  except- 
ing horses,  be  used  below  Fifty-first  street ;  and  upon  the  further  condi- 
tion that  said  parties  shall  place  new  cars  on  said  railroad,  with  all  the 
modern  improvements  for  the  convenience  and  comfort  of  passengers, 
and  that  they  run  cars  thereon  each  and  every  day,  both  ways,  as  often 
as  the  public  convenience  may  require,  under  such  directions  as  the 
Street  Commissioner  and  Common  Council  may,  from  time  to  time,  pre- 
scribe ;  and  provided  also,  that  the  said  parties  shall,  in  all  respects,  com- 
ply with  the  direction  of  the  Street  Commissioner,  and  of  the  Common 
Council,  in  the  building  of  said  railroad,  and  in  the  running  of  the  cars 
thereon,  and  in  any  other  matter  connected  with  the  regulation  of  said 
railroad  ;  and  provided  also,  that  the  said  parties  shall,  before  this  per- 
mission takes  effect,  enter  into  a  good  and  sufficient  agreement  with  the 
Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  to  be 
drawn  and  approved  of  by  the  Counsel  to  the  Corporation,  binding 
themselves  to  abide  by,  and  perform  the  stipulations  and  provisions  here- 
in contained  ;  and  also  all  such  other  resolutions  or  ordinances  as  may  be 
passed  by  the  Common  Council  relating  to  the  said  road  ;  and  further, 
that"  they  run  a  car  thereon  each  and  every  day,  both  ways,  as  often  as 
everyTJifteen  minutes,  from  5  to  6  o'clock,  A.  M.  ;  every  four  minutes 
from  6  o'clock,  A.  M.  to  8  P.  M.  ;  every  fifteen  minutes,  from  8  P.  M.  to  12 
P.M.;  and  every  thirty  minutes,  from  12  p.  M.  to  5  A.  M.  ;  and  as  much 
oftener  as  public  convenience  may  require,  under  such  directions  as  the 
Common  Council  may,  from  time  to  time,  prescribe  ;  also,  that  the  rate 
of  passage  on  said  railroad  shall  not  exceed  a  greater  sum  than  five  cents 
for  the  entire  length  of  said  road  ;  and  also,  that  the  Common  Council 
shall^have  the  power  to  cause  the  same,  or  any  part  thereof,  to  be  taken 
up  at  any  time  they  may  see  fit ;  and  also,  that  the  said  parties,  or  either 
of  them,  shall  not  assign  their  interest  in  the  said  road,  without  first  ob- 
taining the  consent  of  the  Common  Council  thereto ;  also,  that  such 
track  or  tracks  shall  be  laid  upon  a  foundation  of  concrete,  with  a  groov- 
ed rail,  or  such  other  rail  as  may  be  approved  of  by  the  Street  Commis- 
sioner, even  with  the  surface  of  the  streets  through  which  they  may  pass, 


SIXTH  AND  EIGHTH    AVEXUE    RAILROADS.  555 

and  shall  be  commenced  within  three  months,  and  completed  to  Fifty- 
first  street  within  one  year,  and  from  Fifty-first  street  to  the  Harlem 
river,  within  three  years  from  the  passage  of  this  resolution  ;  also,  that 
the  foundation  on  each  side  of  the  rails  shall  be  paved  with  square 
grooved  blocks  of  stone,  similar  to  the  Russ  pavement,  as  far  up  as  Fif- 
ty-first street;  that  the  said  parties  are  to  keep  an  account  of  the  re- 
ceipts of  each  road  monthly,  and  report  the  same  to  the  Comptroller 
monthly,  under  oath  ;  that  the  said  parties  shall  connect  their  road  with 
such  other  roads  as  the  Common  Council  may  order  to  be  connected 
therewith ;  that  they  shall  file  with  the  Comptroller  a  statement,  under 
oath,  of  the  cost  of  each  mile  of  road  completed,  and  agree  to  surrender, 
convey  and  transfer  the  said  road  to  the  Corporation  of  the  city  of  New 
York,  whenever  required  so  to  do,  on  payment,  by  the  Corporation  of 
the  cost  of  said  road,  as  appears  by  said  statements,  with  ten  per  cent, 
advance  thereon ;  that  said  parties,  on  being  required  at  any  time  by 
the  Corporation,  and  to  such  extent  as  the  Common  Council  shall  deter- 
mine, shall  take  up,  at  their  own  expense  said  rails,  or  such  part  thereof 
as  they  shall  be  required,  and  in  failure  so  to  do,  in  ten  days  after  such 
requirement,  the  same  may  be  done,  at  their  expense,  by  the  Street 
Commissioner. 

Resolved,  That  the  persons  to  whom  permission  is  granted  by  the  fol- 
lowing resolutions,  have  the  authority  ajid  consent  of  the  Common  Coun- 
cil, to  lay  a  single  track  in  the  following  streets  :  Commencing  at  the 
corner  of  Chambers  street  and  West  Broadway,  through  Chambers 
street  to  Church  street ;  through  Church  street  to  Canal  street ;  and 
through  Canal  street  to  Wooster  street ;  through  Wooster  street  to 
Fourth  street ;  thence,  with  a  double  track,  through  Fourth  street  and 
Sixth  avenue  to  Harlem  :  also,  to  lay  a  single  track  in  Thompson  street, 
from  Canal  to  Fourth  street,  to  connect  with  the  Eighth  Avenue  Rail- 
road, and  extend  the  same  up  the  Sixth  avenue  to  Harlem  river,  when- 
ever required  by  the  Common  Council,  and  as  soon  and  as  fast  as  said 
avenue  is  graded  sufficiently  to  permit  such  track  to  be  laid,  upon  the 
same  terms,  stipulations  and  conditions  as  are  provided  in  the  annexed 
resolution  in  relation  to  the  railroad  in  the  Eighth  avenue,  except  that 
no  motive  power  except  horses  shall  be  used  below  Forty-second  street ; 
that  said  railroad  upon  the  Sixth  avenue  shall  be  commenced  within 
three  months,  and  completed  to  Forty-second  street  within  one  year  ;  and 
from  Forty-second  street  to  the  Harlem  river  within  three  years  from  the 
passage  of  this  resolution  ;  also,  that  the  foundation  on  each  side  of  the 
rails,  shall  be  paved  with  square  grooved  blocks  of  stone,  similar  to  the 


556  SIXTH  AND  EIGHTH    AVENUE    RAILROADS. 

Russ  pavement,  as  far  up  as  Thirty-second  street,  and  that  such  parts  of 
the  Eighth  Avenue  road,  as  may  be  used  by  the  Sixth  Avenue  Road, 
from  the  connection  in  Canal  street  and  West  Broadway  to  Chambers 
street,  shall  be  built  at  the  joint  expense  of  said  Sixth  and  Eighth  Ave- 
nue Roads. 

Resolved,  That  each  of  said  passenger  cars,  to  be  used  on  said  road, 
shall  be  annually  licensed  by  the  Mayor  ;  and  there  shall  be  paid  annu- 
ally for  such  license  such  sum  as  the  Common  Council  may  hereafter  de- 
termine. 

Resolved,  That  the  permission  granted  to  lay  or  build  a  railroad  track 
in  the  following  streets,  viz  :  From  a  point  at  the  intersection  of  West 
Broadway  and  Chambers  street,  thence  through  West  Broadway  to  Ca- 
nal street,  down  Canal  street  to  Hudson  street,  along  Hudson  street  and 
Eighth  avenue  to  Harlem  river,  be  granted  and  given  to  John  Petti- 
grew,  Edmund  R.  Sherman,  Solomon  Kipp,  Abrm.  Brown,  Washingten 
Smith,  Joseph  N.  Barnes,  O'Keefe  &  Duryea,  and  Marshalls  &  Town- 
send. 

Resolved,  That  the  permission  granted  to  lay  or  build  a  railroad,  in 
the  following  streets,  viz  :  Commencing  at  a  point  at  the  intersection  of 
West  Broadway  and  Chambers  street,  thence  through  Chambers  street 
to  Church  street,  through  Church  street  to  Canal  street,  and  through 
Canal  street  to  Wooster  street,  through  Wooster  street  to  Fourth  street, 
with  a  single  track  ;  thence  through  Fourth  street  to  Sixth  avenue,  and 
through  Sixth  avenue  to  Harlem,  with  a  double  track  ;  also  to  lay  a  sin- 
gle track  in  Thompson  street,  from  Fourth  street  to  Canal  street,  to 
connect  with  the  Eighth  Avenue  Railroad,  be  given  to  James  S.  Libby, 
George  R.  Howell,  William  Flagg,  William  H.  Adams,  John  Post,  jr., 
Edmund  Morris,  Matthew  D.  Greene,  John  Ridley,  Wm.  Ebbitt,  Ward 
Bolster  &  Jacacks,  and  Finch,  Sanderson  &  Beers. — (Resolution,  July 
30, 1851.) 

Resolved,  That  the  Eighth  Avenue  Railroad  Company  have  authority, 
and  the  privilege  is  hereby  granted  to  them,  to  extend  their  rail  (which 
is  to  be  constructed  in  like  manner  as  their  present,)  through  Canal  street 
to  Broadway,  and  also  from  its  present  termination  at  Chambers  street 
through  College  place  to  Barclay  street,  and  through  Barclay  and 
Church  streets,  or  across  Barclay  street,  and  through  the  buildings  which 
they  have  rented  or  procured,  or  may  rent  or  procure  for  that  purpose, 
to  and  into  Yesey  street ;  through  Vesey  street  to  Broadway,  and 


SIXTH  AND   EIGHTH  AVEJTUE  RAILKOADS.  557 

through  Church  street,  from  Yesey  street  to  Chambers  street,  and 
through  Chambers  street  to  its  present  termination  aforesaid,  and  to  run 
their  cars  over  the  same  ;  and  when  they  shall  have  made  such  extension 
then  and  thereafter,  they  shall  be  at  liberty  to  charge  every  passenger 
who  may  come  to  and  ride  any  distance  upon  any  part  of  their  road  be- 
low Fifty-first  street,  five  cents  for  riding  on  that  part  of  their  road  ;  any 
thing  in  the  resolutions  or  agreement  under  Avhich  the  said  company  are 
now  acting  inconsistent  with  any  of  the  privileges  granted  by  this  resolu- 
tion, is  hereby  modified,  so  as  to  conform  thereto. 

And  also  resolved,  That  the  Sixth  Avenue  Railroad  Company,  upon 
paying  to  the  said  the  Eighth  Avenue  Railroad  Company,  the  one-half 
part  of  the  cost  of  that  portion  of  their  road  lying  between  Yarick  street 
and  West  Broadway,  and  of  keeping  it  in  repair,  from  time  to  time, 
hereafter  ;  and  also,  the  one-half  of  the  costs  and  of  the  repairs,  from  time 
to  time,  of  the  extensions  above  authorized*  shall  be  at  liberty  to  use  and 
own  one-half  of  the  same,  and  run  their  cars  thereon,  and  to  charge  every 
passenger  who  may  come  to  ride  any  distance  upon  any  part  of  their  road 
below  Forty-third  street,  the  like  sum  of  five  cents  for  riding  on  that 
part  of  the  road,  and  any  thing  in  the  resolutions  or  agreement  under 
which  they  are  now  acting  inconsistent  with  the  said  privileges  is  hereby 
modified,  so  as  to  conform  to  this  resolution. — (Resolution,  Dec.  13, 
1852). 

Resolved,  That  the  route  of  the  Sixth  Avenue  Railroad  be,  and  the 
same  is  hereby  changed  from  the  present  location,  so  as  to  run  as  follows, 
viz  :  Commencing  at  the  intersection  of  Chambers  street  and  West 
Broadway,  running  thence  with  a  double  track  through  West  Broadway 
to  Canal  street,  through  Canal  street  to  Yarick,  through  Yarick  street 
to  Carmine  street,  through  Carmine  street  and  the  Sixth  avenue  to  inter- 
sect with  the  original  grant  of  the  Sixth  Avenue  Railroad  Company. 

Resolved,  That  the  portion  of  said  railroad  track  to  be  laid  down  in 
West  Broadway,  from  Chambers  street  to  Canal  street,  shall  be  built 
jointly  by  the  Sixth  and  Eighth  Avenue  Railroad  Companies ;  and,  in 
the  event  of  either  party  refusing,  or  neglecting  to  unite  in  the  construc- 
tion of  such  portion  of  the  road,  or  pay  for  their  proportionate  share  of 
the  expense  thereof,  then  it  shall  be  competent  for  either  of  said  parties 
to  proceed  with  the  work,  at  their  own  expense,  and  for  their  exclusive 
benefit,  until  the  other  party  shall  actually  pay  their  proportion  of  such 
expense;  further,  should  any  difficulty  arise  between  said  Sixth  and 
Eigth  Avenue  Railroad  Companies,  as  to  the  cost  and  value  of  building 


558  SIXTH  AND  EIGHTH  AVENUE  RAILROADS. 

said  road,  a*d  rights  to  run  over  the  same,  each  party  shall  have  the 
privilege  to  select  a  referee,  not  interested  in  any  wise  in  either  of  said 
roads,  to  adjust  all  difficulties  ;  but,  should  said  referees  not  be  able  to 
make  a  proper  and  amicable  settlement  of  any  dispute,  arising  between 
the  parties  hereinbefore  mentioned,  then  it  shall  be  competent  for  the 
Common  Council  to  select  a  third  person  as  referee,  who  shall  investigate 
the  subject  matter  in  dispute,  and  a  decision  from  a  majority  of  said 
referees  shall  be  final  and  conclusive  ;  nothing,  however,  contained  in 
this  resolution,  shall  be  construed  to  interfere  with  the  power  and  au- 
thority of  the  Common  Council  to  prescribe  rules  and  regulations,  from 
time  to  time,  for  the  control  and  management  of  said  railroad. — (Resolu- 
tion, June,  1852). 

Whereas,  A  resolution  has  passed  the  Common  Council,  and  which 
resolution  was  permitted  to  become  a  law,  by  the  non-action  of  the 
Mayor,  authorizing  the  Sixth  and  Eighth  Avenue  Railroad  Companies  to 
extend  their  road  through  College  place  to  and  across  Barclay  street,  or 
through  Barclay  or  Yesey  street  to  Broadway,  and  to  return  through 
Church  street,  to  and  through  Chambers  street  to  its  present  termina- 
tion ;  and 

Whereas,  It  was  the  understanding,  although  not  specified  in  the  reso- 
lution, that  said  extension  should,  and  was  to  be  only  with  a  single  track,, 
yet,  the  said  Eighth  Avenue  Railroad  Company  is  now  engaged  in  con- 
structing said  road  with  a  double  track,  which  will  have  the  effect  to 
shut  out  from  said  street  all  other  travel,  and  be  a  serious  detriment  to 
the  interests  of  the  citizens  generally,  and  to  the  owners  of  property  on 
the  line  especially  ;  and,  as  there  seems  to  be  a  very  serious  misunder- 
standing as  to  whether  there  should  be  constiuctd  a  single  or  a  double 
track  ;  therefore,  be  it 

Resolved,  That  the  Street  Commissioner  be,  and  he  is  hereby  directed 
to  cause  all  further  proceedings  of  said  companies,  in  the  construction  of 
said  roads  through  the  streets  mentioned  in  the  preamble,  to  be  stayed 
and  suspended  until  the  further  action  of  the  Common  Council,  except 
they  build  a  single  track  only  through  said  streets  ;  and  if  that  course 
be  not  adopted  by  said  companies,  that  then  the  said  Street  Commis- 
sioner be,  and  he  is  hereby  directed  to  have  said  streets  restored  to  their 
former  condition,  without  delay. — (Resolution,  Dec.  21, 1852). 

Whereas,  A  resolution  was  passed  by  the  Common  Council,  on  the 
21st  of  December  last,  by  which  the  Street  Commissioner  was  directed 
to  cause  all  proceedings  on  the  part  of  the  Sixth  and  Eighth  Avenue? 


SIXTH  AND  EIGHTH  AVENUE  RAILROADS.  559" 

Railroad  Companies,  in  the  construction  of  the  extension  of  tyeir  rail- 
roads to  be,  in  part,  suspended  ;  and 

Whereas,  The  state  of  the  streets,  during  the  last  summer,  interrupted 
the  travel  through  Church  street,  and  it  now  sufficiently  appears,  that 
the  public  convenience,  and  the  wishes  of  the  citizens  require  some  modi- 
fication of  the  said  resolution,  and  the  laying  of  tracks,  so  that  a  continu- 
ous travel  can  be  had,  although  interruptions  and  obstructions  may  hap- 
pen to  occur  in  Church  street,  as  before  mentioned  ;  therefore,  it  is 

Resolved,  That  the  aforesaid  resolution  be,  and  the  same  is  hereby  re- 
scinded and  revoked,  and  the  said  companies  are  hereby  authorized  and 
directed  to  complete  the  said  extensions,  and  make  the  connections  be- 
tween the  parts  thereof,  and  with  the  other  portion  of  their  road,  as  the 
same  was  begun  and  unfinished,  when  the  said  resolution  was  passed ; 
the  said  company  shall  not  lay  a  double  track  lengthwise,  through  Cham- 
bers street,  Church  street,  Barclay  street  or  Vesey  street. — (Resolution, 
Dec.  31,  1853). 

Resolved,  That  the  President,  Directors  and  Company  of  the  Eighth 
Avenue  Railroad  be,  and  they  are  hereby  directed,  for  the  better  accom- 
modation of  the  public,  to  run  their  cars,  daily,  from  and  to  Fifty-ninth 
street  and  Eighth  avenue,  the  present  terminus  of  the  rails  they  have  al- 
ready laid,  instead  of,  as  they  now  run,  from  and  to  Fifty-first  street  and 
Eighth  avenue.— (Resolution  Nov.  30,  1853). 

Resolved,  That  the  resolution  adopted  by  this  Board,  November  21, 
1853,  directing  the  Eighth  Avenue  Railroad  to  run  their  cars  to  Fifty- 
ninth  street,  be  modified,  and  so  amended  as  to  direct  them  to  run  a  car 
once  in  every  twenty  minutes  during  the  day,  until  otherwise  directed. — 
(Resolution  Dec.  29,  1853). 

Resolved,  That  the  Eighth  Avenue  Railroad  Company  be,  and  are 
hereby  directed  to  run  their  accommodation  cars  from  Fifty-second  to 
Fifty-ninth  street,  every  ten  minutes,  so  as  to  start  a  car  every  ten  min. 
utes,  from  Fifty-second  street  up  to  Fifty-ninth  street,  and  a  car  every 
ten  minutes,  from  Fifty-ninth  street  down  to  Fifty-second  street,  daily, 
from  five  o'clock,  A.  M.  to  ten  o'clock,  p.  M. — (Resolution,  July  12, 1854). 

Resolved,  That  the  Eighth  Avenue  Railroad  Company  be,  and  they 
are  hereby  directed  to  relay  the  track  of  said  railroad,  and  to  run  their 
cars  from  Fifty-first  street  to  the  junction  of  Eighth  avenue  and  Broad- 
way, and  that  said  company  run  their  cars  from  Fifty-first  street  to  Fif- 
ty-ninth street,  every  five  minutes,  and  the  Street  Commissioner  is  here- 
by authorized  and  directed  to  carry  this  resolution  into  effect. — (Resolu- 
tion, Dec.  20,  1855. 


560  THIRD  AVENUE  RAILROAD. 

THIRD    AVENUE    RAILROAD. 

1.  Resolved,  That  Myndert  Yan  Schaick,  Horace  M.  Dewey,  John  B. 
Dihgledein,  John  Murphy,  James  W.  Flynn,  James  McElvaney,  Patrick 
McElroy,  Thomas  Murphy,  Philip  Reynolds,  Elijah  F.  Purdy,  Bryant 
McCahill,  George  Caplin,  Oscar  F.  Benjamin,  and  those  who  may  here- 
after become  associated  with  them,  have  the  authority  and  consent  of 
the  Common  Council,  and  permission  is  hereby  granted  to  them  to  lay 
a  double  track  for  a  railroad  in  the  following  streets  : 

From  a  point  at  the  intersection  of  Park  row  and  Broadway,  near  the 
south-westerly  corner  of  the  Park  ;  thence  along  Park  row  to  Chatham 
street ;  thence  along  Chatham  street  to  the  Bowery  ;  thence  along  the 
Bowery  to  the  Third  avenue,  and  thence  along  the  Third  avenue  to  the 
Harlem  river,  upon  the  following  conditions,  viz  : 

Such  track  or  tracks  to  be  laid  under  the  direction  of  the  Street 
Commissioner,  and  on  such  "grades  as  are  now  established,  or  may  here- 
after be  established  by  the  Common  Council ;  the  said  parties  to  become 
bound  in  a  sufficient  penalty  to  keep  in  good  repair  the  space  inside  the 
tracks,  and  a  space  two  feet  each  side  of  the  same,  of  each  street  in 
which  the  rails  are  laid ;  and  also  that  no  steam  power  be  used  on  any 
part  of  the  road  for  propelling  cars,  and  upon  the  further  condition  that 
said  parties  shall  place  new  cars  on  said  railroad,  with  all  the  modern 
improvements,  for  the  convenience  and  comfort  of  passengers,  and  that 
they  run  cars  thereon,  each  and  every  day,  both  ways,  and  as  often  as 
the  public  convenience  may  require,  under  such  prudential  directions  as 
the  Common  Council  and  the  Street  Commissioner  may,  from  time  to 
time  prescribe ;  and 

Provided  also,  That  the  said  parties  shall,  in  all  respects,  comply  with 
the  directions  of  the  Common  Council,  in  the  building  of  the  said  rail- 
road, and  in  any  other  matter  connected  with  the  regulation  of  said 
railroad;  and 

Provided  also,  That  the  said  parties  shall,  before  this  permission  takes 
effect,  enter  into  a  good  and  sufficient  agreement  with  the  Mayor,  Alder- 
men and  Commonalty  of  the  city  of  New  York,  to  be  drawn  and  ap- 
proved of  by  the  Counsel  to  the  Corporation,  binding  themselves  to 
abide  by  and  perform  the  stipulations  and  provisions  herein  contained  ; 
and  also  all  such  other  resolutions  or  ordinances  as  may  be  passed  by 
the  Common  Council,  relating  to  the  running  of  said  cars  over  the  said 
road;  and 


THIRD  AVENUE  RAILROAD.  561 

Further,  That  they  run  a  car  thereon,  each  and  every  day,  both  ways, 
as  often  as  every  fifteen  minutes,  from  5  to  6  o'clock,  A.M.;  every  four 
minutes,  from  6  o'clock,  A.  M.,  to  8,  p.  M.  ;  every  fifteen  minutes,  from  8, 
p.  M.,  to  12,  M.,  and  as  much  oftener  as  public  convenience  may  require, 
under  such  directions  as  the  Common  Council,  may,  from  time  to  time, 
prescribe ;  also, 

That  the  said  passage  on  said  railroad  shall  not  exceed  a  greater  sum 
than  five  cents  for  any  distance,  between  the  southern  point  of  said  rail- 
road, and  Sixty-first  street ;  and  six  cents  for  the  entire  length  of  said 
railroad ;  and  also, 

That  said  track,  or  tracks,  shall  be  laid  upon  a  good  foundation,  with 
a  grooved  rail,  or  such  other  rail  as  may  be  approved  of  by  the  Common 
Council  and  the  Street  Commissioner,  even  with  the  surface  of  the  streets 
through  which  they  may  pass,  and  shall  be  commenced  within  six  months, 
and  completed  to  Forty-second  street,  within  one  year  from  the  passage 
of  this  resolution  ;  and  from  Forty-second  street,  toward  and  to  the  Har- 
lem river,  as  fast  as  the  Third  avenue  shall  be  graded,  and  in  a  proper 
condition  to  lay  rails  thereon. 

2.  Resolved,  That  said  parties  have  the  consent  of  the  Common  Coun- 
cil, and  permission  is  hereby  given  to  them  to  connect  their  said  railroad, 
at  the  junction  of  the  Bowery  and  Grand  street,  with  the  Second  Ave- 
nue Railroad,  if  constructed  ;  and  said  parties,  and  those  to  whom  per- 
mission may  be  given  by  the  Common  Council,  to  lay  a  railroad  through 
the  Second  avenue,  shall  have  the  free  use  in  common  of  the  double 
track  from  said  junction,  through  the  Bowery  to  Chatham  street ;  and  of 
one  of  the  tracks  to  be  laid  from  the  southerly  termination  of  the 
Bowery,  through  Chatham  street  to  Pearl  street ;   each  of  said  parties 
to  pay  one-half  the  expense  of  constructing  and  keeping  in  repair  the 
double  and  single  track,  so  to  be  used  by  them  in  common.    Either  of 
said  parties  to  have  the  right  to  construct  said  double  and  single  track, 
so  to  be  used  in  common,  and  if  constructed  by  either,  the  other  of  said 
parties  shall  pay  one-half  the  actual  cost  thereof;  or  said  parties  may, 
by  mutual  agreement,  construct  the  same  jointly. 

3.  Resolved,  That  in  consideration  of  the  good  and  faithful  performance 
of  the  conditions,  stipulations  and  agreements  above  prescribed,  and  of 
such  other  necessary  requirements  as  may  hereafter  be  made  by  the  Com- 
mon Council,  for  the  regulations  of  the  said  railroad,  the  said   parties 
shall  pay,  from  the  date  of  opening  the  said  railroad,  the  annual  license 
fee  for  each  car  now  allowed  by  law,  and  shall  have  licenses  accordingly. 


562  SECOND  AVENUE  RAILROAD. 

4.  Resolved,  That  within  a  reasonable  time  after  the  passage  of  these 
resolutions,  the  said  parties,  or  a  majority  in  interest  thereof,  may  form 
themselves  into  an  association,  which  shall  be  vested,  with  all  the  rights 
and  privileges  hereby  granted  ;  and  shall  have  power,  by  the  votes  of  at 
least  a  majority  in  interest  of  the  associates,  to  frame  and  establish  ar- 
ticles of  association,  providing  for  the  construction,  operation  and  ma- 
nagement of  said  railroad,  and  to  make  contracts  for  the  purchase  of 
property,  for  the  use  or  benefit  of  said  railroad. 

5.  Resolved,  That  the  association  shall  not  be  deemed  dissolved,  by  the 
death  or  act  of  any  associate,  but  his  successor  in  interest  shall  stand  in 
his  place,  and  the  rights  of  each  associate  shall  depend  on  his  own  ful- 
fillment of  the  conditions  imposed  on  him  by  these  restrictions,  or  the 
articles  of  association  and  by-laws  of  the  association  ;  and  in  case  of 
his  failure  to  fulfill  the  same,  his  rights  shall  be  forfeited  to,  and  devolve 
upon  the  remaining  associates,  after  twenty  days'  notice  of  such  failure, 
from  the  secretary  of  the  association,  specifying  the  particulars  of  his  de- 
linquency ;  and  said  parties  or  associates  may,  at  any  time,  incorporate 
themselves,  under  the  general  railroad  act,  whenever  two-thirds  in  in- 
terest of  the  associates  shall  require  it. — (Res.  Dec.  31, 1852 ). 

Resolved,  That  the  time  within  which,  by  the  provisions  of  the  grant 
dated  January  1,1853,  authorizing  the  construction  of  the  Third  Avenue 
Railroad,  the  grantees  in  said  grant  named,  and  their  assigns  were  per- 
mitted to  lay  down  a  double  track  in  the  Bowery,  south  of  Fifth  street, 
and  along  Park  row,  be,  and  the  same  is  hereby  extended  until  the  ex- 
piration of  three  months  after  such  time  as  the  Third  Avenue  Railroad 
Company  shall  be  deprived  by  the  New  York  and  Harlem  Railroad 
Company,  of  the  privilege  now  enjoyed  by  the  Third  Avenue  Railroad 
Company,  of  running  their  cars  over  the  tracks  of  the  New  York  and 
Harlem  Railroad  Company. — (Res.  Dec.  9,  1853;. 


THE    SECOND   AVENUE   RAILROAD. 

Resolved,  That  permission  is  hereby  given  to  Denton  Pearsall,  Joseph 
C.  Skadon,  Abraham  B.  Rapelyea,  Wm.  L.  Hall,  R.  T.  Mulligan, 
Charles  Miller,  Daniel  J.  Sherwood,  Abraham  Allen  and  Henry  Gofif,  to 
lay  a  grooved  railroad  track  in  the  following  streets  and  avenues  of  the 
city  of  New  York,  viz  :  Commencing  at  a  point  in  the  Second  avenue* 
at  or  near  to  Forty-second  street,  thence  running  down  the  Second  ave~ 


SECOND  AVENUE  RAILROAD.  563 

nue  to  Twenty-third  street  with  a  double  track  ;  through  Twenty-third 
street,  with  a  single  track,  to  the  First  avenue  ;  down  First  avenue  to 
Allen  street ;  through  Allen  street  to  Grand  street ;  through  Grand 
street  to  the  Bowery ;  down  the  Bowery  to  Chatham  street ;  across 
Chatham  street  to  Oliver  street ;  through  Oliver  street  to  South  street ; 
through  South  street  to  Eoosevelt  street ;  across  Roosevelt  street  to 
Front  street ;  through  Front  street  to  Peck  slip,  the  terminus.  Return- 
ing, with  a  single  track,  as  follows  :  Through  Peck  slip  to  Pearl  street ; 
through  Pearl  street  to  Chatham  street ;  through  Chatham  street  to  the 
Bowery  ;  through  the  Bowery  to  Grand  street ;  through  Grand  street  to 
Chrystie  street ;  through  Chsystie  street  to  the  Second  avenue,  to  Twen- 
ty-third street,  where  it  intersects  the  double  track,  and  so  on  to  its  ter- 
mination, opposite  the  Harlem  river,  with  a  double  track. 

Provided,  however,  That  all  the  said  rails  shall  be  laid  down  in  such 
manner,  and  in  such  parts  of  the  said  streets  and  avenues  as  shall  be  ap- 
proved by  the  Street  Commissioner,  so  as  to  cause  no  impediment  to  the 
common  and  ordinary  use  of  the  streets  and  avenues  for  all  other  pur- 
poses ;  and  that  the  water  courses  of  the  streets  shall  be  left  free  and  un- 
obstructed, and  that  the  said  company  shall  pave  the  streets  in  and 
about  the  rails  in  a  permanent  manner,  and  keep  the  same  in  repair  to 
the  entire  satisfaction  of  said  Street  Commissioner. 

And,  provided  further,  That  no  motive  power,  except  horses,  be  used 
below  Forty-second  street ;  and,  further,  that  they  run  a  car  on  said  road, 
for  the  convenience  of  public  travel,  each  and  every  day,  both  ways,  as 
often  as  every  fifteen  minutes,  from  5  to  6  o'clock,  A.  M.  ;  every  four*  min- 
utes, from  6  o'clock,  A.  M.  to  8  o'clock,  p.  M.  ;  every  fifteen  minutes,  from 
8  o'clock,  P.  M.  to  12  o'clock,  p.  M.,  and  every  thirty  minutes,  from  12 
o'clock,  p.  M.  to  5  o'clock,  A.  M.,  and  as  much  oftener  as  public  conve- 
nience may  require,  under  such  directions  as  the  Common  Council  may, 
from  time  to  time,  prescribe. 

Also,  that  the  rate  of  passage  on  said  railroad  shall  not  exceed  a 
greater  sum  than  five  cents  to  Forty-second  street ;  and  also,  that  the 
Common  Council  shall  have  power  to  regulate  the  fare  for  the  entire 
length  of  said  road,  when  it  shall  be  completed  to  Harlem  river. 

Also,  that  said  road  shall  be  commenced  within  six  months,  and  com- 
pleted to  Forty-second  street  within  one  year,  and  from  Forty-second 
street  to  Harlem  river  within  three  years  from  the  passage  of  this  reso- 
lution. 


564  NINTH    AVENUE    RAILROAD. 

Resolved,  That  the  said  parties  shall,  in  all  respects,  comply  with  the 
direction  of  the  Street  Commissioner,  and  of  the  Common  Council,  in 
the  building  of  said  railroad,  and  in  the  running  of  the  cars  thereon,  and 
in  any  other  matter  connected  with  the  regulation  of  said  railroad. 

Resolved,  That  the  said  parties  shall,  before  this  permission  takes  ef- 
fect, enter  into  a  good  and  sufficient  agreement  with  the  Mayor,  Alder- 
men and  Commonalty  of  the  city  of  New  York,  to  be  drawn  and  ap- 
proved of  by  the  Counsel  to  the  Corporation,  binding  themselves  to 
abide  by  and  perform  the  stipulations  and  provisions  herein  contained, 
and  also  all  such  other  regulations  or  ordinances  as  may  be  passed  by 
the  Common  Council,  relating  to  the  said  road.— (Res.  Dec.  11,  1852;. 

Resolved,  That  the  route  of  the  Second  Avenue  Railroad  be,  and  the 
same  is  hereby  changed  from  Front  street,  between  Roosevelt  street  and 
Peck  slip  to  South  street,  between  the  same  points.— (Resolution,  July 
20,  1853). 


THE  NIXTII  AVENUE  RAILROAD. 

Resolved,  That  the  Common  Council  do  hereby  grant  the  right  and 
privilege  to  James  Murphy,  William  Radford  and  Miner  C.  Story,  and 
their  respective  assigns,  and  to  those  they  may  associate  with  them,  to 
construct  a  railroad  from  Fifty-first  street  to  the  Battery,  and  back,  in 
and  through  the  following  streets,  viz  : 

With  a  double  track  from  Fifty-first  street  through  the  Ninth  avenue 
to  Gansevoort  street;  thence  by  a  single  track  through  Greenwich 
street  to  the  Battery ;  and  by  a  single  track  through  Gansevoort  street 
to  Washington  street,  and  through  Washington  street  to  the  Battery, 
and  through  Battery  place,  between  Greenwich  and  Washington  streets, 
to  connect  the  said  single  tracks.  And  also,  to  run  cars  for  the  convey- 
ance of  passengers,  &c.,  upon  said  road  each  and  every  day,  at  such 
times  as  they  may  think  proper,  subject  to  provisions  hereinafter  named. 

Provided,  said  railroad  shall  be  constructed  in  all  respects  after  the 
manner  of  the' construction  of  the  Eighth  avenue  railroad. 

Provided,  That  in  no  case  steam  power  be  used  on  any  part  of  said 
railroad  ;  and  also, 

Provided,  That  the  said  grantees  shall  begin  the  construction  of  said 
railroad  on  or  before  the  1st  day  of  May  next,  and  shall  complete  the 
same,  and  commence  running  cars  thereon,  within  eighteen  months  there- 
after ;  and  also, 


NINTH  AVENUE    RAILROAD.  565 

•  Provided,  That  the  said  grantees  shall  run  cars  upon  the  road  so  con- 
structed, each  way,  between  Fifty-first  street  and  the  Battery,  every 
day,  as  often  as  every  fifteen  minutes  from  five  to  six  A.  M.  ;  and  every 
four  minutes  from  six  A.  M.  to  eight  p.  M.  ;  every,  fifteen  minutes  from 
eight  p.  M.  to  twelve  M.,  and  as  much  oftener  as  public  convenience  may 
require,  under  such  direction  as  the  Common  Council  may,  from  time  to 
time,  prescribe ;  and 

Provided,  That  no  more  than  five  cents  be  charged  for  each  passenger, 
riding  over  the  whole,  or  any  portion  of  the  distance  of  said  road  ;  and 
also 

Provided,  That  said  grantees  shall  keep  the  space  between  the  tracks, 
and  the  space  for  two  feet  each  side  of  the  same,  at  all  times,  in  thorough 
repair ;  and  also, 

Provided,  That  the  said  cars  shall  be  licensed  by  the  Mayor,  and  the 
grantees  shall  pay  the  annual  fee  of  twenty  dollars  per  car  for  such  li- 
cense ;  and 

Also,  The  said  grantees  and  their  associates  and  assigns,  shall  have 
the  privilege  to  organize  a  joint  stock  association,  either  with  or  with- 
out incorporation,  to  carry  out  the  objects  of  this  grant,  and  a  majority 
in  interest  of  the  grantees,  their  assigns  and  associates,  shall  have  the 
control,  management  and  direction  of  the  road,  and  the  business  thereof; 
and  should  any  or  either  of  the  grantees  or  their  associates,  or  of  the 
shareholders,  neglect  to  pay  their  respective  proportion  of  the  money  re- 
quired for  carrying  into  full  effect  the  grant  hereby  made,  when  by  such 
majority  thereunto  required,  the  others  shall  be  at  liberty  to  make  such 
payment  ;  and  this  grant  shall  enure  to  the  benefit  of  those  who  pay  in 
the  proportion  of  their  respective  contributions. 

These  resolutions,  shall  be  certified  by  said  grantees  above-named  ;  and 
a  copy  thereof  signed  by  them  shall  be  deemed  the  agreement  between 
the  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  and 
said  associates  ;  and  shall  be  sufficient,  in  all  respects,  to  give  and  grant 
to  the  said  grantees,  their  associates  and  assigns  aforesaid,  the  right  and 
privilege  above-mentioned,  and  bind  them  to  conform  to  the  directions 
herein  contained. 

And  also  provided,  that  said  railroad  shall  be  continued  from  Fifty- 
first  street  along  the  Ninth  avenue  to  the  Bloomingdale  road,  thence 
along  the  Bloomingdale  road  to  th3  Tenth  avenue  ;  thence  along  the 
Tenth  avenue  to  the  Harlem  river,  whenever  required  by  the  Common 
Council,  and  as  soon  and  as  fast  as  said  avenues  are  graded  — (Resolu- 
tion, Dec.  28,1853). 


C  O  N  TRACTS 


GASLIGHT    COMPANIES 


NEW  YORK  GASLIGHT  COMPANY'S  CONTRACT. 


ARTICLES  OF  AGREEMENT,  indented,  made  and  concluded  this  twelfth 
day  of  May,  in  the  year  of  our  Lord,  one  thousand  eight  hundred  and 
twenty  three,  between  the  Mayor,  Aldermen  and  Commonalty  of  the  city 
of  New  York,  of  the  first  part,  and  the  New  York  Gaslight  Company  r 
of  the  second  part,  WITNESSETH  :  that  the  said  parties  of  the  first  part> 
for  and  in  consideration  of  the  covenants,  articles  and  agreements  here- 
inafter mentioned,  on  the  part  of  the  said  parties  of  the  second  part,  and 
their  successors,  to  be  observed,  performed  and  kept,  do  hereby  grant, 
demise  and  to  farm  let,  to  the  said  parties,  of  the  second  part,  and  their 
successors,  all  and  singular  the  sole  and  exclusive  privilege  and  right  of 
laying  or  placing  under  ground,  pipes  in  all  and  every  of  the  public 
streets  and  parts  of  streets,  of  the  city  of  New  York,  lying  and  being 
south  of  a  line  commencing  at  the  East  river,  at  the  foot  of  Grand  street, 
and  running  through  Grand  street  to  Sullivan  street,  and  through  Sulli- 
van street  to  Canal  street,  and  through  Canal  street  to  the  North  or  Hud- 
son river,  for  conducting  gas,  for  lighting  the  public  lamps  in  the  streets 
and  parts  of  streets,  south  of  said  rlne,  and  the  houses  and  buildings, 
fronting  or  to  front  on,  or  bounded  by  or  adjacent  to  the  streets  or  part 
of  streets  south  of  said  line. 

To  HAVE  AND  TO  HOLD  and  to  enjoy  the  same  unto  the  said  parties  of 
the  second  part,  and  their  successors,  from  the  day  of  the  date  of  these 
presents,  for  and  during  and  until  the  12th  day  of  May,  which  will  be 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty -three, 

Provided,  nevertheless,  and  this  grant  is  upon  this  express  condition, 
that  the  said  parties  of  the  second  part,  and  their  successors  shall  and 
do  in  all  things  well  and  sufficiently  keep,  perform  and  observe  all  and  sin- 
gular the  covenants,  articles,  agreements  and  stipulations  on  their  part 
to  be  kept,  performed  and  observed  as  hereinafter  is  set  forth  and  agreed. 


CONTRACTS  WITH  GASLIGHT    COMPANIES.  567 

And  the  said  parties  of  the  second  part,  in  consideration  of  the  pre- 
mises, do  for  themselves  and  their  successors  covenant  and  agree  to  and 
with  the  said  parties  of  the  first  part,  and  their  successors,  as  follows: 
that  is  to  say,  that  they,"  the  said  parties  of  the  second  part,  shall  and 
will,  before  the  twelfth  day  of  May,  in  the  year  of  our  Lord,  one  thou- 
sand eight  hundred  and  twenty-five,  erect,  establish  and  complete  in  the 
said  city  of  New  York,  good  and  sufficient  buildings,  works  and  appa- 
ratus for  the  preparing  and  manufacture  of  gas,  and  that  they  will  also 
cause  the  pipes  for  conducting  the  same,  and  of  sufficient  capacity,  to  be 
laid,  and  will  also  manufacture  or  cause  to  be  manufactured  and  supplied 
in  the  most  improved  manner,  sufficient  quantities  of  the  best  quality 
gas,  commonly  called  inflammable  gas,  for  lighting  the  houses  and  public 
lamps  in  the  street  called  Broadway,  in  the  said  city,  from  the  Battery  to 
Grand  street,  in  the  manner  hereinafter  mentioned ;  AND  ALSO  MOREOVER, 
that  they,  the  said  parties  of  the  second  part,  shall  and  will  at  all  times 
from  and  after  the  twelfth  day  of  May,  in  the  year  of  our  Lord,  one  thou- 
sand eight  hundred  and  twenty-eight,  and  during  the  residue  of  the  term 
of  this  grant,  in  like  manner  cause  the  pipes  of  sufficient  capacity  for 
conducting  the  said  gas  to  be  laid;  and  will  also  manufacture,  or  cause  to 
be  manufactured  and  supplied  in  the  most  approved  manner,  sufficient 
quantities  of  the  said  gas,  of  the  best  quality,  for  well  and  sufficiently 
lighting  the  streets,  parts  of  streets  and  public  places,  and  the  public 
lamps  and  houses  adjoining,  or  to  adjoin  all  and  singular  the  streets  and 
parts  of  streets  lying  in  the  said  city,  south  of  the  aforesaid  line,  at  such 
periods  as  the  said  parties  of  the  first  part  shall,  from  time  to  time,  after 
the  said  twelfth  day  of  May,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  twenty-eight,  by  resolution  or  by  law  reasonably  re- 
quire, of  the  said  parties  of  the  second  part. 

And  that  all  such  pipes  to  be  furnished  by  the  said  parties  of  the 
second 'part,  and  placed  under  ground  for  the  purpose  of  conducting  the 
said  gas  in  all  or  either  of  the  said  streets,  or  parts  of  streets,  shall  be 
made  and  constructed  in  the  most  approved  manner,  of  cast-iron  and  of 
the  best  materials ;  and  also,  that  the  said  parties  of  the  second  part, 
shall  and  will  light  such  and  so  many  of  the  public  lamps  with  the  best 
quality  of  gas  as  are  in  the  streets,  or  parts  of  streets  of  the  said  city, 
south  of  the  aforesaid  line,  whenever  they  may  be  required  to  light  the 
same,  or  any]  number  of  the  same,  by  the  said  parties  of  the  fitst  part, 
or  their  successors  ;  the  said  lamps  to  be  lighted  during  such  times  as 
the  public  lamps  are  now  required  to  be  lighted,  and  in  the  streets  or 
parts  of  streets  in  which  the  pipes  for  conducting  gas  shall  be  laid  ac- 


568  CONTRACTS  WITH  GASLIGHT  COMPANIES. 

cording  to  these  presents,  at  a  yearly  expense  to  the  said  parties  of  the 
first  part,  not  exceeding  what  would  be  the  expense  of  lighting  and 
supplying  an  equal  number  of  the  said  lamps  with  oil  of  the  quality 
generally  used  for  that  purpose,  estimating  the  price  of  oil  at  the  average 
price  of  the  same  in  the  city  of  New  York  during  the  preceding  year. 

AND  FURTHER,  That  the  said  parties  of  the  second  part,  shall  likewise 
furnish  at  their  own  expense  the  necessary  conductors  of  metal  of  suffi- 
cient capacity  to  the  lamp  posts,  that  the  lights  of  the  said  lamps  shall 
be  of  a  quality,  brilliancy,  or  intensity,  equal  to  the  gas  in  use  for  the 
public  lamps  in  the  city  of  London  ;  the  said  parties  of  the  first  partr 
however,  to  be  at  the  expense  of  lamps,  lamp  irons,  and  lamp  posts,  and 
fittings  up,  and  at  no  other  expense  for  fixtures,  conductors,  repairs,  or 
on  any  other  account  whatsoever. 

And  also,  that  the  parties  of  the  second  part  shall  and  will,  at  all 
times  give  forty-eight  hours'  notice  to  the  said  parties  of  the  first  part, 
or  to  their  Street  Commissioner,  of  their  intention  to  break  up,  or  open 
any  street,  or  part  of  a  street,  for  the  purpose  of  laying  or  repairing 
the  pipes  to  conduct  the  gas  ;  and  that  they  will  replace  the  earth  which 
they  may  remove  in  so  doing,  before  sunset  of  the  day  on  which  such 
opening  shall  be  made,  and  that  they  will  replace  the  pavements,  and  re- 
pave  and  repair  the  same,  in  such  reasonable  time  and  manner  as  the 
said  parties  of  the  first  part,  or  their  Street  Commissioner,  may  direct, 
and  in  as  good  and  firm  a  manner  as  the  streets  were  in  before  being 
broken  up  for  the'aforesaid  purpose  ;  and  further,  that  all  such  repairs 
as  shall,  at  any  time,  become  necessary  by  reason  of  the  said  pipes  or 
conductors,  shall  always  be  made  and  done  by  the  said  parties  of  the 
second  part,  at  their  own  cost  and  expense. 

And  also,  that  the  said  parties  of  the  second  part  will  so  conduct  their 
manufactory  or  manufactories  of  gas  as  not  to  create  a  nuisance,  and 
that  they  will  in  all  things  be  governed  by  such  reasonable  and  necessary 
rules  and  regulations  as  the  said  parties  of  the  first  part,  or  their  suc- 
cessors, may,  from  time  to  time  pass,  ordain  and  establish,  relative  to 
the  opening  of  streets,  and  laying  down  the  pipes  and  conductors  afore- 
said. 

Provided,  always,  that  nothing  in  this  grant  contained  shall  be  con- 
strued to  prevent  any  person  or  persons  residing  on,  adjacent,  or  near  to 
any  of  the  said  streets  or  parts  of  streets  in  the  said  city,  south  of  the 
aforesaid  line,  from  erecting  in  or  on  his  or  their  own  premises,  any 


CONTRACTS  WITH   GASLIGHT  COMPANIES.  569 

building  or  apparatus  to  light  with  gas  his  or  their  own  house  or  manu- 
factory ;  and, 

Provided  further,  and  the  premises  hereby  granted,  are  also  upon  this 
express  condition,  any  thing  herein  contained  to  the  contrary,  notwith- 
standing, that  if  the  said  parties  of  the  second  part,  or  their  successors, 
shall  not  well  and  faithfully  observe,  perform,  fulfill,  and  keep  all  and  singu- 
lar the  covenants  and  conditions  above  contained,  on  their  part  and  behalf 
to  be  observed,  performed,  fulfilled  and  kept  according  to  the  true  intent 
and  meaning  of  these  presents,  then  and  in  that  case  it  shalFand  may  be 
lawful  for  the  said  parties  of  the  first  part,  in  Common  Council  convened, 
by  a  resolution  or  order  to  annul  and  vacate  this  grant,  and  thereupon 
the  premises  hereby  demised  shall  be  revested  in  the  said  parties  of  the 
first  part,  or  their  successors,  as  fully  and  completely  as  if  this  indenture 
had  never  been  executed. 

In  witness  whereof,  to  one  part  of  this  indenture  remaining  with  the 
said  parties  of  the  first  part,  the  said  parties  of  the  second  part,  have 
caused  the  common  seal  of  the  said  The  New  York  Gaslight  Company 
to  be  affixed  ;  and  to  the  other  part  thereof  remaining  with  the  said  par- 
ties of  the  second  part,  the  said  parties  of  the  first  part  have  caused  the 
common  seal  of  the  city  of  New  York  to  be  affixed,  the  day  and  year 
first  above  written. 

By  the  Common  Council. 
[L.  S.]    '  STEPHEN  ALLEN. 

J.  MORTON,  Clerk. 
SAMUEL  LEGGETT, 

President  of  the  New  York  Gaslight  Company. 


MANHATTAN  GAS  LIGHT  COMPANY'S  CONTRACT. 

THIS  INDENTURE,  made  this  eighth  day  of  May,  A.D.,  1833,  between 
the  Mayor,  Aldermen  and  Commonalty  of  the  city  of  New  York,  of  the 
first  part,  and  the  Manhattan  Gas  Light  Company  of  the  second  part, 
witnesseth:  That  the  said  parties  of  the  first  part,  for  and  in  consideration 
of  the  covenants,  articles  and  agreements  hereinafter  mentioned,  on  the 
part  of  the  said  parties  of  the  second  part,  and  their  successors,  to  be 
observed,  performed  and  kept,  do  hereby  grant  and  demise  to  the  said 
parties  of  the  second  part,  and  their  successors,  the  privilege  and  right 
to  lay  or  place  under  ground,  pipes  in  any  or  all  of  the  streets,  avenues 
37 


570  CONTRACTS   WITH  GASLIGHT  COMPANIES. 

and  public  places  of  the  city  of  New  York,  lying  and  being  north  of  a 
line  commencing  at  the  East  River,  at  the  foot  of  Grand  street,  and 
running  through  Grand  street  to  Sullivan  street,  and  through  Sullivan 
street  to  Canal  street,  and  through  Canal  street  to  the  North  or  Hudson 
river,  and  in  every  or  any  part  of  such  street,  avenue  or  public  place, 
for  the  purpose  of  conducting  gas,  commonly  called  inflammable  gas,  for 
lighting  the  public  lamps  in  the  said  streets,  avenues  and  public  places, 
and  parts  thereof,  as  hereinafter  mentioned,  and  for  lighting  the  houses 
or  buildings  fronting  or  to  front  on,  or  bounded  by  or  adjacent  to  the 
said  streets,  avenues  and  public  places,  or  parts  thereof;  to  have,  hold, 
use  and  enjoy  the  said  right  and  privilege,  unto  the  said  parties  of  the 
second  part,  and  their  successors,  from  the  day  of  the  date  of  these  pres- 
ents, until  the  twelfth  day  of  May,  which  will  be  A.D.,  1853  ;  provided, 
always,  and  these  presents  are  upon  this  express  condition,  that  they,  the 
said  parties  of  the  second  part,  and  their  successors,  shall  and  do,  in  all 
things,  well  and  sufficiently  keep,  perform  and  observe,  all  and  singular 
the  covenants,  articles,  provisions,  agreements  and  stipulations  on  their 
part  to  be  kept,  performed  and  observed,  as  hereinafter  specified. 

And  the  said  parties  of  the  second  part,  in  consideration  of  the 
premises,  do,  for  themselves  and  their  successors,  covenant  and  agree  to 
and  with  the  said  parties  of  the  first  part,  and  their  successors,  as  fol- 
lows, that  is  to  say  :  that  any  gas  house  or  works,  for  the  manufactory  of 
such  gas,  to  be  erected  or  established  by  the  said  parties  of  the  second 
part  in  the  city  of  New  York,  shall  be  so  erected  and  established  on  the 
margin  either  of  the  Hudson  or  of  the  East  river,  not  south  of  Four- 
teenth street  in  the  said  city  ;  and  that  all  pipes  for  conducting  the  same 
•which  the  said  parties  of  the  second  part  may  cause  to  be  laid,  shall  be 
of  sufficient  capacity,  and  made  and  constructed  of  the  best  materials  of 
cast  iron,  and  in  the  most  approved  manner  ;  also,  that  from  all  such 
main  pipes  as  they  may  lay  or  cause  to  be  laid  by  virtue  of  the  right  and 
privilege  hereby  granted,  they  will  supply  with  gas,  and  cause  to  be 
lighted,  such  and  so  many  of  the  public  lamps  opposite  or  adjacent  to 
such  main  pipes,  as  they  may,  from  time  to  time,  be  required  to  do  by 
the  said  parties  of  the  first  part ;  and  that  the  said  lamps  shall  be  so 
lighted  during  such  times  as  the  public  lamps  throughout  the  city  of 
New  York  are  required  to  be  lighted  by  the  regulation  of  the  said  par- 
ties of  the  first  part ;  and  that  all  such  public  lamps  situated  north  of 
the  line  aforesaid,  and  south  of  the  line  of  Sixth  street,  which  the  par- 
ties of  the  first  part  may  require  to  be  so  supplied  with  gas,  and  lighted 
as  aforesaid,  shall  be  so  supplied  and  lighted  by  the  said  parties  of  the 


CONTRACTS  WITH  GASLIGHT  COMPANIES.  571 

second  part  at  a  yearly  expense  to  the  parties  of  the  first  part,  not  ex- 
ceeding fifteen  dollars  for  supplying  each  of  such  lamps  with  gas,  and 
lighting  the  same.  And  it  is  further  agreed,  that  the  said  parties  of  the 
second  part  shall  furnish  at  their  own  expense,  the  necessary  conductors 
of  metal  of  sufficient  capacity  to  the  lamp  posts  of  such  public  lamps  as 
they  may  be  required  to  supply  with  gas  and  light  as  aforesaid ;  and 
that  the  light  of  the  said  lamps  shall  be  of  a  quality,  brilliancy  or  inten- 
sity equal  to  the  gas  in  use  for  the  public  lamps  in  the  city  of  London. 
It  is  understood,  however,  that  the  parties  of  the  first  part,  are  to  be  at 
the  expense  of  such  lamps,  with  their  lamp-irons,  lamp-posts  and  fittings 
up,  but  at  no  other  expense  for  fixtures,  conductors,  repairs,  or  on  any 
other  account  whatsoever  for  the  same.  And  it  is  further  agreed,  that 
the  said  parties  of  the  second  part  shall,  at  all  times,  give  forty-eight 
hours'  notice  to  the  said  parties  of  the  first  part  or  their  Street  Commis- 
sioner of  their  intention  to  break  up  or  open  any  street,  avenue  or  public 
place  or  part  thereof,  or  to  remove  any  part  of  the  pavement  therefrom, 
for  the  purpose  of  laying  or  repairing  the  pipes  to  conduct  the  said  gas, 
and  that  they  will  replace  the  earth  which  they  may  remove  in  so  doing, 
before  sunset  of  the  day  on  which  such  opening  shall  be  made,  and  that 
they  will  replace  the  pavement  and  repave  and  repair  the  same  in  such 
reasonable  time  and  manner  as  the  said  parties  of  the  first  part,  or  their 
Street  Commissioner  may  direct,  and  in  as  good  and  firm  a  manner  as 
such  streets,  avenues  or  public  places  or  parts  thereof  were  in  before  be- 
ing broke  up  for  the  purpose  aforesaid.  Also,  that  all  such  repairs  as 
shall  at  any  time  become  necessary  by  reason  of  laying  the  said  pipes  or 
conductors,  shall  be  made  and  done  by  the  said  parties  of  the  second 
part,  at  their  own  cost  and  expense.  Also,  that  no  such  street,  avenue 
or  public  place  or  part  thereof,  shall  be  so  broken  up  or  opened,  or  the 
pavement  thereof  removed,  or  shall  be  again  filled  up  or  repaired,  or 
such  pavement  replaced,  except  under  the  direction  and  supervision  of  a 
competent  person  to  be  appointed  by  the  said  Street  Commissioner,  and 
who  shall  be  considered  as  in  the  employ  of  the  said  parties  of  the  first 
part ;  but  who  shall  be  paid  for  his  services  by  the  said  parties  of  tb 
second  part,  such  sum  as  the  said  Street  Commissioner  may  direct,  not 
exceeding  one  dollar  and  fifty  cents  per  diem,  for  each  day  that  he  may 
be  so  employed.  Also,  that  no  such  street,  avenue  or  public  place  or 
part  thereof,  shall  be  so  broken  up  or  opened,  or  the  pavement  thereof 
removed  at  any  time  between  the  first  of  December  and  the  first  of 
March,  during  the  continuance  of  the  term  mentioned  in  these  presents, 


572  CONTRACTS  WITH  GASLIGHT  COMPANIES. 

without  the  consent  of  the  said  Street  Commissioner  being  first  obtained 
for  that  purpose. 

And  it  is  farther  agreed,  that  the  said  parties  of  the  second  part  shall 
and  will  so  conduct  their  manufactory  or  manufactories  of  gas  as  not  to 
create  a  nuisance  ;  and  that  they  will,  in  all  things,  be  governed  by  such 
reasonable  and  necessary  rules  and  regulations  as  the  said  parties  of  the 
first  part  or  their  successors,  may,  from  time  to  time,  pass,  ordain  and  es- 
tablish, relative  to  the  opening  of  such  streets,  avenues  or  public  places, 
or  parts  thereof,  and  laying  down  the  pipes  and  conductors  aforesaid. 

And  it  is  hereby  expressly  provided  that  nothing  herein  contained, 
shall  be  construed  or  deemed  as  granting  to  the  said  parties  of  the  second 
part,  any  sole  or  exclusive  right  or  privilege,  or  as  preventing  the  said 
parties  of  the  first  part  from  granting  the  like  privileges  as  are  hereby 
given  to  the  said  parties  of  the  second  part,  to  any  other  company,  per- 
sons or  parties  whatsoever,  or  as  preventing  any  person  or  persons  resid- 
ing in,  or  adjacent,  or  near  to  any  of  the  said  streets,  avenues  or  public 
places,  or  parts  thereof,  lying  north  of  the  line  hereinbefore  first  mention- 
ed, from  erecting  in  or  upon  his  or  their  own  premises  any  building  or 
apparatus,  to  light  with  gas,  his  or  their  own  house,  store,  manufactory 
or  premises.  And  it  is  further  provided,  and  these  presents  are  upon 
the  express  condition,  that  if  the  said  parties  of  the  second  part  or  their 
successors,  shall  not  well  and  truly  observe,  perform,  fulfill  and  keep  all 
and  singular,  the  covenants  and  conditions  hereinbefore  contained,  on  their 
part  and  behalf  to  be  observed,  performed,  fulfilled  and  kept,  according 
to  the  true  intent  and  meaning  of  these  presents,  then  and  in  that  case, 
it  shall  and  may  be  lawful  for  the  said  parties  of  the  first  part,  by  a  reso- 
lution or  order  to  be  passed  in  Common  Council,  to  annul  and  vacate 
this  grant,  and  thereupon  the  premises  hereby  demised  shall  be  re-vested 
in  the  said  parties  of  the  first  part,  or  their  successors,  as  fully  and  com- 
pletely as  if  this  indenture  had  never  been  executed. 

In  witness  whereof,  to  one  part  of  this  indenture,  remaining  with  the 
said  parties  of  the  first  part,  the  said  parties  of  the  second  part,  have 
caused  the  common  seal  of  the  said  the  Manhattan  Gas  Light  Company 
to  be  affixed,  and  to  the  other  part  thereof,  remaining  with  the  said  par- 
ties of  the  second  part,  the  said  parties  of  the  first  part  have  caused  the 
common  seal  of  the  city  of  New  York  to  be  affixed  the  day  and  year 
above  written. 

[L.  S.]  LAMBERT  SUYDAM, 

President  M.  G.  L.  Co 


CONTRACTS  WITH  GASLIGHT  COMPANIES.  573 

MANHATTAN    GASLIGHT    COMPANY'S    CONTRACT. 

THIS  INDENTURE,  made  the  first  day  of  May,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  forty-eight,  between  the  Mayor,  Alder- 
men and  Commonality  of  the  city  of  New  York,  of  the  first  part,  and 
the  Manhattan  Gaslight  Company  of  the  second  part,  witnesseth:  That 
the  said  parties  of  the  first  part,  for  and  in  consideration  of  the  covenants, 
articles  and  agreements,  hereinafter  mentioned  on  the  part  of  the  said 
parties  of  the  second  part,  and  their  successors,  to  be  observed,  performed 
and  kept,  do  hereby  grant  and  demise,  to  the  said  parties  of  the  second  part, 
and  their  successors,  the  privilege  and  right  to  lay  or  place  under  ground, 
pipes  in  any  or  all  the  streets,  avenues,  and  public  places  of  the  city  of 
New  York,  comprised  between  a  line  commencing  at  the  East  river,  at 
the  foot  of  Grand  street,  and  running  through  the  middle  of  Grand  street, 
to  Sullivan  street,  and  through  the  middle  of  Sullivan  street,  from 
Grand  street  to  Canal  street,  and  through  the  middle  of  Canal  street, 
from  Sullivan  street  to  the  North  or  Hudson  river,  and  a  line  com- 
mencing at  the  East  river,  at  the  foot  of  Forty-second  street,  on  the 
north  side  thereof,  and  running  parallel  with  said  street  to  the  North  or 
Hudson  river,  and  embracing  both  sides  of  said  street,  and  in  any,  or 
every  part  of  any  such  street,  avenue,  or  public  place,  for  the  purpose  of 
conducting  gas,  commonly  called  inflammable  gas,  for  lighting  the  public 
lamps,  in  the  said  streets,  avenues  and  public  places  and  parts  thereof,  as 
hereinafter  mentioned,  and  for  lighting  the  houses  and  buildings,  front- 
ing, or  to  front  on,  or  bounded  by  or  adjacent  to  the  said  streets,  avenues 
and  public  places,  or  parts  thereof.  To  have,  hold,  use  and  enjoy  the 
said  right  and  privilege,  with  the  said  parties  of  the  second  part,  and 
their  successors,  from  the  day  of  the  date  of  these  presents,  until  the  fifth 
day  of  May,  which  will  be  in  the  year  one  thousand  eight  hundred  and 
sixty-eight;  provided  always,  and  these  presents  are  upon  this  express 
condition,  that  they,  the  said  parties  of  the  second  part,  and  their  suc- 
cessors, shall  and  do,  in  all  things  well  and  sufficiently  keep,  perform  and 
observe  all  and  singular,  the  covenants,  articles,  agreements,  provisions 
stipulations,  on  their  part,  to  be  kept,  performed,  and  observed,  as  here- 
inafter specified.  And  the  said  parties  of  the  second  part,  in  considera- 
tion of  the  premises,  do  for  themselves  and  their  successors,  covenant  and 
agree,  to  and  with  said  parties  of  the  first  part,  and  their  successors,  as 
follows,  that  is  to  say:  that  any  gas- house,  or  works  for  the  manufactory 
of  such  gas,  which  the  said  parties  of  the  second  part,  hereafter  may  use, 
or  erect  and  establish  in  the  city  of  New  York,  shall  be  located,  erected 
and  established,  on  the  margin  of  either  the  Hudson  or  the  East  river 


574  CONTRACTS  WITH  GASLIGHT  COMPANIES, 

and  not  south  of  Fourteenth  street,  in  the  said  city,  and  that  all  pipes 
for  conducting  the  gas,  which  the  parties  of  the  second  part  may  cause 
to  be  laid,  shall  be  of  sufficient  capacity,  and  made  and  constructed  of 
the  best  materials,  of  cast  iron,  and  in  the  most  approved  manner. 

That  the  said  parties  of  the  first  part,  shall  have  the  right  to  order  the 
pipes  called  the  mains  of  the  company  to  be  extended  in  and  along  all 
the  streets,  avenues,  and  public  places  in  the  said  city,  within  the  limits 
aforesaid,  commencing  at  Grand  and  Canal  streets,  and  continuing 
through  each  street  in  regular  succession.  Provided,  however,  that  the 
said  parties  of  the  second  part,  shall  not  be  compelled  to  expend  in  the 
laying  of  said  mains,  as  last  aforesaid,  during  the  continuance  of  this 
contract,  a  yearly  sum  to  exceed  six  thousand  dollars.  Also,  that  the 
said  parties  of  the  second  part  shall  fit  up  and  light  all  the  public  lamps 
required  by  the  Corporation,  wherever  the  pipes  of  the  company  are  or 
shall  be  laid,  within  the  district  aforesaid,  and  that  the  said  lamps  shall 
be  so  lighted  during  such  times  as  the  public  lamps  throughout  the  city 
of  New  York  are  required  to  be  lighted  by  the  regulations  of  the  said 
parties  of  the  first  part;  and  that  all  such  public  lamps,  situated  within 
the  district  aforesaid,  which  shall  be  required  by  the  Corporation  as 
aforesaid,  shall  be  so  supplied  and  lighted  by  the  said  parties  of  the 
second  part,  at  the  yearly  rate  of  fifteen  dollars  for  each  lamp  for  the 
light,  and  for  lighting  and  extinguishing  the  same.  Also,  that  the  said 
parties  of  the  first  part  may  direct  and  require,  by  notice  to  that  effect, 
that  all  or  any  portion  of  the  said  public  lamps,  shall  be  lighted,  and 
kept  burning  at  any  other  time  or  times  during  the  continuance  of  this 
contract ;  and  the  said  parties  of  the  second  part,  shall  light  the  same, 
and  continue  them  burning  in  accordance  with  any  and  every  direction 
of  the  said  parties  of  the  first  part,  or  their  proper  agent  or  agents,  to 
that  effect ;  provided  that  if,  in  compliance  with  the  direction  of  the  said 
parties  of  the  first  part,  the  whole  number  of  hours,  during  which  the 
said  lamps,  or  a  portion  of  them  are  kept  burning  in  any  year,  shall 
exceed  the  average  number  of  hours  during  which  the  public  lamps  in  the 
city  of  New  York  have  been  kept  burning  during  the  last  five  years,  prior 
to  the  date  of  this  contract  (which  the  parties  hereto  estimate  to  be 
and  fix  at  two  thousand  three  hundred  hours,)  then,  in  that  case,  the  said 
parties  of  the  second  part  shall  be  entitled  to  claim  and  receive,  for  such 
additional  number  of  hours  during  which  the  public  lamps,  or  a  portion 
of  them,  in  the  district  aforesaid,  are  kept  burning,  in  accordance  with 
such  directions  of  the  said  parties  of  the  first  part,  an  additional  com- 
pensation equivalent  to  a  pro  rata  increase  of  the  compensation  herein- 


CONTRACTS  WITH  GASLIGHT  COMPANIES  575 

before  allowed,  proportioned  to  the  increased   number   of  hours  beyond 
the  said  average  number. 

The  burners  in  the  public  lamps  shall  be  equal  to  those  heretofore 
used  in  the  city  of  New  York,  equal  to  an  average  consumption  of 
three  cubic  feet  per  hour.  And  it  is  fort  her  agreed,  that  the  said  parties 
of  the  second  part  shall  furnish,  at  their  own  expense,  the  necessary  con- 
ductors of  metal  of  sufficient  capacity  to  the  lamp  posts  of  such  jublic 
lamps,  as  they  may  be  required  to  supply  with  gas  and  light  as  aforesaid. 
The  parties  of  the  second  part,  shall  also  fit  up  the  said  public  lamps, 
and  shall  receive,  as  compensation  therefor,  the  sum  of  five  dollars  for  each 
lamp  so  fitted  up.  It  is  agreed,  however,  that  the  cost  of  the  posts, 
lanterns  and  repairs  shall  be  at  the  expense  of  the  said  parties  of  the  first 
part ;  and  it  is  further  agreed,  that  the  said  parties  of  the  second  part, 
shall  have  the  right  to  lay  pipes  at  any  time  within  the  said  district,  upon 
giving  forty-eight  hours'  notice  to  the  said  parties  of  the  first  part,  or  to 
the  Street  Commissioner,  of  their  intention  to  break  up  or  open  any 
street,  avenue  or  public  place,  or  part  thereof,  or  to  remove  any  part  of 
the  pavement  thereof  for  the  purpose  of  laying  or  repairing  the  pipes 
to  conduct  the  said  gas,  and  that  they  will  replace  the  earth  which  they 
may  remove  in  so  doing,  before  sun-set  of  the  day  in  which  such  opening 
shall  be  made,  and  that  they  will  replace  the  pavement,  and  repave  and 
repair  the  same,  in  such  reasonable  time  and  manner  as  the  said  parties 
of  the  first  part,  or  their  Street  Commissioner  may  direct,  and  in  as 
good  and  firm  a  manner  as  such  street,  avenue,  or  public  places,  or  parts 
thereof,  were  in  before  being  broken  up  for  the  purpose  aforesaid.  Also, 
that  all  such  repairs  as  shall  at  any  time  become  necessary,  by  reason  of 
laying  the  said  pipes,  or  conductors,  shall  be  made  and  done  by  said 
parties  of  the  second  part,  at  their  own  cost  and  expense. 

Also,  that  no  such  street,  avenue  or  public  place,  or  part  thereof,  shall 
by  so  broken  up  or  opened,  or  the  pavement  thereof  removed,  or  shall 
be  again  filled  up  or  repaved  except  under  the  direction  and  supervision 
of  a  competent  person,  to  be  appointed  by  the  said  Street  Commissioner; 
but  the  said  parties  of  the  second  part  shall  not  be  called  upon  to  pay 
any  sum  to  any  party  or  parties,  for  the  inspection  of  any  pavement 
which  they  may  have  occasion  to  replace.  And  it  is  further  agreed, 
that  the  said  parties  of  the  second  part,  shall  and  will  so  conduct  the 
manufactory  or  manufactories  of  gas,  as  not  to  create  a  nuisance,  and 
that  they  will  in  all  things  be  governed  by  such  reasonable  and  neces- 
sary rules  and  regulations,  as  the  said  parties  of  the  first  part,  or  their 
successors,  may  from  time  to  time  pass,  ordain  and  establish,  relative  to 


576  CONTRACTS  WITH  GASLIGHT  COMPANIES. 

the  opening  of  such  streets,  avenues,  or  public  places,  or  parts  thereof, 
and  laying  down  the  pipes  and  conductors  aforesaid.  And  it  is  hereby 
expressly  provided,  that  nothing  herein  contained,  shall  be  construed  or 
deemed  as  granting  to  the  said  parties  of  the  second  part,  any  sole  or 
exclusive  right  or  privilege,  or  as  preventing  the  said  parties  of  the  first 
part  from  granting  the  like  privileges  as  are  hereby  given  to  the  said 
parties  of  the  second  part  to  any  other  company,  persons  or  parties 
whatsoever,  or  as  preventing  any  person  or  persons  residing  in  or  adja- 
cent, or  near  to  any  of  the  said  streets,  avenues,  or  public  places,  or  parts 
thereof,  lying  north  of  the  line  hereinbefore  first  mentioned,  from  erecting 
in  or  upon  his  or  their  own  premises,  any  building  or  apparatus,  to  light 
with  gas  his  or  their  own  house,  store  or  manufactory,  or  premises.  And 
it  is  further  covenanted  and  agreed,  by  and  on  the  part  of  the  said  parties 
of  the  first  part,  that  the  said  parties  of  the  first  part  and  their  successors 
shall  and  will  pass  all  needful  ordinances,  which  shall  be  necessary  to 
protect  the  interests  of  the  said  parties  of  the  second  part,  and  which  of 
right  ought  to  be  passed  for  that  purpose. 

And  it  is  further  provided,  and  these  presents  are  upon  the  express 
condition,  that  if  the  said  parties  of  the  second  part,  or  their  successors, 
shall  not  well  and  truly  observe,  perform  and  fulfill,  and  keep  all  and 
singular,  the  covenants  and  conditions,  hereinbefore  contained,  on  their 
part  and  behalf  to  be  observed,  performed,  fulfilled,  and  kept,  according 
to  the  true  intent  and  meaning  of  these  presents,  then,  and  in  that  case, 
it  shall  and  may  be  lawful  for  said  parties  of  the  first  part,  by  a  resolu- 
tion or  order  to  be  passed  in  Common  Council,  to  annul  and  vacate  this 
grant ;  and  thereupon  the  premises  hereby  demised  shall  be  re-vested  in 
the  said  parties  of  the  first  part,  or  their  successors,  as  fully  and  com- 
pletely as  if  this  indenture  had  never  been  executed. 

In  witness  whereof,  to  one  part  of  this  indenture  remaining  with  the 
said  parties  of  the  first  part,  the  said  parties  of  the  second  part  have 
caused  the  common  seal  of  the  said  the  Manhattan  Gaslight  Company  to 
be  affixed  ;  and  to  the  other  part  thereof  remaining  with  the  said  parties 
of  the  second  part,  the  said  parties  of  the  first  part  have  caused  the  com- 
mon seal  of  the  city  of  New  York  to  be  affixed,  the  day  and  year  above 
written. 

Signed, 

[i,  s.]  W.  V.  BEADY,  Mayor. 

By  the  Common  Council, 

Signed,        D.  T.  VALENTINE,  Clerk,  C.C. 


CONTRACTS  WITH  GASLIGHT  COMPANIES.  577 

To  the  counterpart,  held  by  the  Corporation  of  the  city,  is  attached 
the  common  seal  of  the  Manhattan  Gaslight  Company,  verified  by  the 
signatures  respectively  of  the  President, 

[L.  s.J  DAVID  C.  GOLDEN, 

And  Secretary,  S.  H.  HOWARD. 


HARLEM   GASLIGHT    COMPANY'S    CONTRACT. 

THIS  INDENTURE,  made  this  twentieth  day  of  May,  in  the  year  of  our 
Lord,  one  thousand  eight  hundred  and  fifty-eight,  between  the  Mayor, 
Aldermen  and  Commonalty  of  the  city  of  New  York,  parties  of  the  first 
part,  by  Edward  Cooper,  their  Street  Commissioner,  and  the  Harlem 
Gaslight  Company,  of  said  city,  parties  of  the  second  part,  witnesseth  : 
That  the  said  parties  of  the  first  part,  for,  and  in  consideration  of  the 
covenants,  articles  and  agreements  hereinafter  mentioned  on  the  part  of 
the  said  parties  of  the  second  part,  and  their  successors,  to  be  observed, 
performed  and  kept,  do  hereby  grant  and  demise  to  the  said  parties,  of 
the  second  part,  and  their  successors,  the  privilege  and  right  to  lay  or 
place  under  ground  pipes  in  any  and  all  of  the  streets,  avenues  and 
public  places  of  the  city  of  New  York,  comprised  between  a  line  com- 
mencing at  the  centre  of  Seventy-ninth  street,  at  the  East  river,  running 
thence  through  the  centre  of  said  Seventy-ninth  street  to  the  North  or 
Hudson  river,  thence  along  said  river  to  the  northern  boundary  of  the 
city  and  county  of  New  York,  thence  along  said  northern  boundary  of 
the  city  and  county  of  New  York  to  the  East  river,  and  thence  along 
said  East  river  to  the  point  of  beginning,  and  in  every  part  of  any  street, 
avenue  or  public  place  comprised  within  said  limits,  for  the  purpose  of 
conducting  gas  for  lighting  the  public  lamps  in  the  said  streets,  avenues, 
and  public  places  and  parts  thereof  as  hereinafter  mentioned,  and  for 
lighting  the  houses  and  buildings  fronting,  or  to  front  on,  or  bounded  by 
or  adjacent  to  the  said  streets,  avenues  and  public  places  or  parts  thereof, 
to  have  and  to  hold,  use  and  enjoy  the  said  right  and  privilege  unto  the 
said  parties  of  the  second  part,  and  their  successors,  from  the  6th  of 
November,  one  thousand  eight  hundred  and  fifty-seven,  until  the  6th  of 
November,  which  will  be  in  the  year  one  thousand  eight  hundred  and 
fifty-eight. 

Provided  always,  and  these  presents  are  upon  this  express  condition, 
that  they,  the  said  parties,  of  the  second  part,  and  their  successors,  shall 
and  will  in  all  things  well  and  sufficiently  keep,  perform  and  observe  all 


578  CONTRACTS  WITH    GASLIGHT  COMPANIES. 

and  singular,  the  covenants,  articles,  agreements,  provisions  and  stipu- 
lations on  their  part,  to  be  kept,  performed  and  observed,  as  herein- 
after specified. 

And  the  said  parties  of  the  second  part,  in  consideration  of  the  pre- 
mises, do,  for  themselves  and  their  successors,  covenant  and  agree  to  and 
with  the  said  parties,  of  the  first  part,  and  their  successors,  as  follows : 
that  is  to  say,  that  any  gas-house  or  work  for  the  manufacturing  of  such 
gas  which  the  said  parties  of  the  second  part,  hereafter  may  use  or  erect 
and  establish  in  the  city  of  New  York  shall  be  located,  erected,  or  es- 
tablished on  the  margin  of  either  the  Hudson  or  North  river,  or  the 
East  or  Harlem  river,  in  the  said  city,  and  that  all  pipes  for  conduct- 
ing the  gas  which  the  said  parties  of  the  second  part  may  cause  to  be 
laid,  shall  be  of  sufficient  capacity  and  made  and  constructed  of  the  best 
materials  of  cast-iron,  and  in  the  most  approved  manner . 

That  the  said  parties  of  the  first  part  shall  have  the  right  to  order 
the  pipes  called  the  mains  of  the  company  to  be  extended  in  and  along 
all  the  streets,  avenues,  and  public  places  in  the  said  city  within  the 
limits  aforesaid,  commencing  at  the  foot  of  Seventy-ninth  street  and  the 
East  river,  and  continuing  through  such  street  in  regular  succession,  pro- 
vided, however,  that  the  said  parties  of  the  second  part  shall  not  be 
compelled  to  expend  in  the  laying  of  said  jnains,  as  last  aforesaid,  during 
the  continuance  of  this  contract,  a  yearly  sum  to  exceed  six  thousand 
dollars. 

Also,  that  the  said  parties  of  the  second  part  shall  fit  up  and  light 
all  the  public  lamps  required  by  the  Corporation,  wherever  the  pipes  of 
the  company  are,  or  shall  be  laid  within  the  district  aforesaid,  and  that 
the  said  lamps  shall  be  so  lighted  during  such  times  as  the  public  lamps 
throughout  the  city  of  New  York  are  required  to  be  lighted  by  the 
regulations  of  the  said  parties  of  the  first  part,  and  that  all  such  public 
lamps  situated  within  the  district  aforesaid,  which  shall  be  required  by 
the  Corporation  as  aforesaid,  shall  be  so  supplied  and  lighted  by  the 
said  parties  of  the  second  part,  at  the  yearly  rate  of  twenty-eight  dollars 
and  eighty  cents  for  each  lamp,  for  the  light  and  for  lighting  and  extin- 
guishing the  same,  and  for  keeping  the  lanterns  clean  ;  also  that  the  said 
parties  of  the  first  part  may  direct  and  require,  by  notice  to  that  effect, 
that  all  or  any  portion  of  said  public  lamps  shall  be  lighted  and  kept 
burning  at  any  other  time  or  times  during  the  continuance  of  this  con- 
tract; and  the  said  parties  of  the  second  part  shall  light  the  same,  and 
continue  them  burning  in  accordance  with  any  and  every  direction  of 


CONTRACTS  WITH  GASLIGHT    COMPANIES. 

the  said  parties  of  the  first  part,  or  their  proper  agent  or  agents  to  that 
effect.  Provided  that  if,  in  compliance  with  the  direction  of  the  said 
parties  of  the  first  part,  the  whole  number  of  hours  during  which  the 
said  lamps  or  a  portion  of  them  are  kept  burning  in  any  year,  shall  ex- 
ceed the  average  number  of  hours  during  which  the  public  lamps  have 
been  kept  burning  for  three  years  prior  to  the  date  of  this  contract, 
(which  the  parties  hereto  fix  at  three  thousand  eight  hundred  hours,) 
then,  and  in  that  case,  the  said  parties  of  the  second  part  shall  be  enti- 
tled to  claim  and  receive  for  such  additional  number  of  hours  during 
which  the  public  lamps,  or  a  portion  of  them,  in  the  district  aforesaid 
are  kept  burning,  in  accordance  with  such  direction  of  the  said  parties 
of  the  first  part,  an  additional  compensation  equivalent  to  a  pro-rata  in- 
crease of  the  compensation  hereinbefore  allowed,  proportioned  to  the 
increased  number  of  hours  beyond  the  said  average  number. 

The  burners  in  the  public  lamps  shall  be  equal  to  those  heretofore  used 
in  the  city  of  New  York,  equal  to  an  average  of  consumption  of  three  cubic 
feet  per  hour. 

And  it  is  further  agreed  that  the  said  parties  of  the  second  part  shall 
furnish,  at  their  own  expense,  the  necessary  conductors  of  metal  of  suf- 
ficient capacity  to  the  lamp-posts  of  each  public  lamp,  as  they  may  be 
required,  and  will  make  all  necessary  connections  with  such  conductors 
and  the  street  mains  to  supply  with  gas  and  light  as  aforesaid,  and  will 
furnish  the  burner  to  each  lamp-post,  such  burner  to  consume  three  (3) 
cubic  feet  of  gas  per  hour.  The  parties  of  the  second  part  shall  also  fit 
up  the  said  public  lamps,  and  shall  receive  as  compensation  therefor  the 
sum  of  nine  dollars  and  thirty-five  cents  for  each  lamp  so  fitted  up.  It 
is  agreed,  however,  that  the  cost  of  the  posts,  lanterns  and  repairs  shall 
be  at  the  expense  of  the  said  parties  of  the  first  part,  and  that  said  posts, 
lanterns,  &c.,  are  to  be  delivered  to  the  said  parties  of  the  second  part, 
by  the  said  parties  of  the  first  part,  at  the  works  of  said  Company,  foot 
of  One  hundred  and  eleventh  street,  Harlem  river.  And  it  is  further 
agreed  that  the  said  parties  of  the  second  part  shall  have  the  right  to  lay 
pipes  at  any  time  within  the  said  district  upon  giving  forty-eight  hours' 
notice  to  the  said  parties  of  the  first  part,  or  to  the  Street  Commissioner 
of  said  city  of  their  intention  to  break  up  or  open  any  street,  avenue  or 
public  place,  or  part  thereof,  or  to  remove  any  part  of  the  pavement 
thereof  for  the  purpose  of  laying  or  repairing  the  pipes  to  conduct  the 
said  gas;  and  that  they  will  replace  the  earth  which  they  may  remove  in 
so  doing  before  sunset  of  the  day  on  which  such  opening  shall  be  made, 


580  CONTRACTS  WITH  GASLIGHT  COMPANIES. 

and  that  they  will  replace  the  pavement,  and  repave  and  repair  the  same 
in  such  reasonable  time  and  manner  as  the  said  parties  of  the  first  part, 
or  the  Street  Commissioner  of  said  city  may  direct,  and  in  as  good  and 
firm  a  manner  as  such  streets,  avenues,  or  public  places  or  parts  thereof 
were  in  before  being  broken  up  for  the  purpose  aforesaid. 

Also,  that  all  such  repairs  as  shall,  at  any  time,  become  necessary  by 
reason  of  laying  the  said  pipes  or  conductors,  shall  be  made  and  done  by 
the  said  parties  of  the  second  part  at  their  own  cost  and  expense.  Also, 
that  no  such  street,  avenue,  or  public  place  or  part  thereof,  shall  be  so 
broken  up  or  opened,  or  the  pavement  thereof  removed,  or  shall  be  again 
filled  up  or  repaired,  except  under  the  direction  and  supervision  of  a 
competent  person  to  be  appointed  by  the  Street  Commissioner  of  said 
city  ;  but  the  said  parties  of  the  second  part  shall  not  be  called  upon  to 
pay  any  sum  to  any  party  or  parties  for  such  inspection,  where,  however, 
any  pavement  is  to  be  removed  or  replaced ;  iti  such  case  notice  is  to  be 
given  to  the  Croton  Aqueduct  Department. 

And  it  is  further  agreed  that  the  said  parties  of  the  second  part  shall 
and  will  so  conduct  the  manufacture  and  manufactories  of  gas  as  not  to 
create  a  nuisance  ;  and  that  they  will,  in  all  things,  be  governed  by  such 
reasonable  and  necessary  rules  and  regulations  as  the  said  parties  of  the 
first  part  or  their  successors  may,  from  time  to  time,  pass,  ordain  and  es- 
tablish, relative  to  the  opening  of  such  streets,  avenues  or  public  places 
or  parts  thereof,  and  laying  down  the  pipes  and  conductors  as  aforesaid. 

And  it  is  hereby  expressly  provided  that  nothing  herein  contained  shall 
be  construed  or  deemed  as  granting  to  the  said  parties  of  the  second  part 
any  sole  or  exclusive  right  or  privilege,  or  as  preventing  the  said  parties 
of  the  first  part  from  granting  the  like  privileges  as  are  hereby  given  to 
the  said  parties  of  the  second  part,  to  any  other  company,  persons  or 
parties  whatsoever,  or  as  preventing  any  person  or  persons  residing  on 
or  adjacent  or  near  to  any  of  the  said  streets,  avenues,  or  public  places 
or  parts  thereof,  lying  north  of  the  line  hereinbefore  mentioned,  from 
erecting  on  or  upon  his  or  their  own  premises,  any  building  or  apparatus 
to  light  with  gas  his  or  their  own  house,  store,  manufactory  or  premises. 

And  it  is  further  covenanted  and  agreed,  by  and  on  the  part  of  the  said 
parties  of  the  first  part,  that  the  said  parties  of  the  first  part  and  their 
successors,  shall  and  will  pass  all  needful  ordinances  which  shall  be  neces- 
sary to  protect  the  interests  of  the  said  parties  of  the  second  part,  and 
which  of  right  ought  to  be  passed  for  that  purpose. 


CONTRACTS  WITH  GASLIGHT  COMPANIES.  581 

And  it  is  further  provided,  and  these  presents  are  upon  the  express  con 
dition  that  if  the  said  parties  of  the  second  part  or  their  successors  shall 
not  well  and  truly  observe,  perform,  fulfill  and  keep  all  and  singular  the 
covenants  and  conditions  hereinbefore  contained  on  their  part,  and  be- 
half, to  be  observed,  performed,  fulfilled  and  kept,  according  to  the  true 
intent  and  m?aning  of  these  presents,  then,  and  in  that  case,  it  shall  and 
may  be  lawful  for  the  said  parties  of  the  first  part,  by  a  resolution  or 
order  to  be  passed  in  Common  Council,  to  annul  and  vacate  this  con- 
tract, and  thereupon  the  premises  hereby  demised  shall  be  vested  in  the 
said  parties  of  the  first  part  or  their  successors,  as  fully  and  completely 
as  if  this  indenture  had  never  been  executed. 

In  witness  whereof,  the  parties  hereto  have  executed  triplicate  copies 
of  this  Indenture,  the  said  Edward  Cooper,  Street  Commissioner,  hath 
hereto  set  his  hand  and  sea!  on  behalf  of  the  said  parties  of  the  first  part, 
and  the  said  parties  hereto  of  the  second  part  have  hereunto  affixed  their 
corporate  seal,  and  caused  the  same  to  be  attested  by  their  President  and 
Secretary,  one  of  which  copies  of  this  Indenture  to  remain  with  the  said 
Street  Commissioner,  one  other  to  be  filed  with  the  Comptroller  of  the 
city  of  New  York,  and  the  third  to  be  delivered  to  the  said  parties  of  the 
second  part,  the  day  and  date  herein  first  written. 

[L,  s.l  EDWARD  COOPER, 

Street  Commissioner. 

Sealed  and  delivered  in  the  presence  of 

As  to  the  Harlem  Gas  Light  Co., 

JAS.  0.  BROWN. 

As  to  Edward  Cooper  Street  Comm'r, 

C.  H.  LAWRENCE. 

[L.  s.]  BARR  WAKEMAN,  President. 

HENRY  J.  McGowAN,  Secretary. 


EXTRACTS  FROM  THE  STATE  LAWS 

BELATING 

TO   THE    POLICE   DEPARTMENT, 

EMBRACING  SUCH  PARTS  AS  CONCERN  THE  ENFORCEMENT  OF  THE  CITY 
ORDINANCES. 


The  Police  Board  shall  guard  the  public  health ;  preserve  order  at 
elections ;  remove  nuisances  existing  in  the  public  streets,  roads,  places 
and  highways  ;  provide  a  proper  police  at  fires ;  see  that  all  laws  relat- 
ing to  the  observance  of  Sunday,  and  regarding  pawnbrokers,  mock  auc- 
tions, emigrants,  elections,  gambling,  and  the  public  health,  are  promptly 
enforced.  They  shall  obey  and  enforce  all  ordinances  which  are 
applicable  to  police  or  health.*  They  shall,  when  consistent  with  the 
rules  of  the  Board,  comply  with  all  requests  of  the  Common  Council  or 
the  Mayor  .f 

The  General  Superintendent  of  Police  shall  be  the  superintendent  of 
cabs  and  cabmen,  hackney  coaches  and  hackney  cabmen,  stages  and  ac- 
commodation coaches  or  omnibuses  and  their  drivers,  carts  and  cartmen, 
and  all  persons  employed  to  drive  carts,  public  porters,  hand-cartmen, 
renders  of  charcoal,  firewood,  hard  coal,  and  boats  and  boatmen.  He 
shall  also  be  inspector  of  pawnbroker's  shops,  second-hand  dealer's  shops, 
junk  shops  and  intelligence  offices.!  All  violations  of  Corporation  ordi- 
nances reported  to  him  shall  forthwith  be  reported  by  him  to  the  Corpo- 
ration Attorney.^  He  shall  perform  the  duties  previously  performed  by 
the  Inspectors  of  hacks,  omnibuses,  cabs  and  public  porters ;  Inspector 
and  Deputy  Inspector  of  stages ;  Inspector  of  carts,  and  keepers  of  lands 
and  places.  I) 

The  Inspectors  or  Captains  of  Police  shall  be  dock  masters  within  their 
respective  districts,  and  assisted  by  the  Sergeants,  shall  perform  all  the 
duties  previously  performed  by  Dock  Masters.^ 


*  From  ^  5  of  act  of  April  15,  1857.      f  From  §  20.— Ibid. 

$  From  ^  6  of  Art.  II.,  Act  of  April  13,  1853.      ^From  §  7,  Art.  II.,  Act  of  April  13, 1853. 

J  From  §  1,  Art.  II.,  Act  of  May  7, 1844.     f  From  $  6,  Act  April  13,  1853. 


STATE  LAWS  RELATING  TO  THE  POLICE  DEPARTMENT.  583 

Patrolmen  shall  report  through  the  Inspectors,  or  Captains,  or  Ser- 
geants to  the  General  Superintendent  all  violations  of  the  Corporation 
ordinances.* 

The  Police  Force  shall,  in  accordance  with  rules  and  regulations  pre- 
scribed in  conformity  with  the  laws  of  the  State  and  the  City  Ordi- 
nances, watch  and  guard  the  city  day  and  night. 


*  From  §  7,  Act  April  13,  1853. 


INDEX. 


A. 
ABANDONMENT,  Bonds,  by  whom 

prosecuted 122, 126  to  130 

ACCIDENTS— 
Prevention  of,  erection  of  barriers 

for 264  to  267 

By  vehicles,  provision  concerning. . .  359 
ACCOUNTANT  in  Bureau  of  Water 

Registrar,  his  duties 142 

ACCOUNTS,    Joint    Committee  on, 

their  functions 58 

ADVERTISEMENTS,     Corporation, 

general  provision  concerning 

ALDERMEN- 

Charter,  provisions  concerning 14 

Powers  of,   designating  stands  for 

hacks 397 

as  to  junk  shops 410 

as  to  regulation  of  stages 381 

as  to  disputes  concerning  fences,  325  to  327 

How  distinguished  at  fires 227 

Board  of,  charter  provisions  respect- 
ing   12 

Executive  Committees  abolished.. .  42 

rejection  of  acts  of  Councilmen. ...  43 

transmission  of  messages 44 

method  of  transacting  business 42 

amending  acts  of  Councilmen 44 

Committees  of  Conference 44 

receding  from  its  action 44 

adhering  to  its  acts 44 

notices  of  meetings 46 

Clerk  of 45 

Deputy  Clerk,  his  duties,  bond  and 

salary 48 

Messengers  and  assistant 49 

Reader,  his  duties  and  salary 52 

Sergeant-at-Arms,  his    duties  and 

salary 53 


ALDERMEN— 

Board  of,  President,  provisions  of 

charter  respecting 12,  13 

ALLEYS,  cleaning  of  when  necessary, 

to  be  reported 159 

ALMS-HOUSE  Department,  provisions 

of  charter  respecting 32 

ANIMALS— 

Dead,  provision  as  to  removal  of,  158, 322, 419 
carts  for  removing  to  be  licensed. .      418 

docks  assigned  for  boats 418 

Bone   burning,  provisions  respect- 
ing  424  to  426 

Slaughtered,  removal  of  offal 417 

Skinning  of,  provision  respecting,  424  to  426 
Putrid,  not  to  be  thrown  in  streets 

or  lots 417 

Sale  of,  at  auction  in  the  streets 309 

APPROPRIATIONS— 

Charter  provisions  respecting 10 

Annual  estimate  of. 58 

Exhausted,  report  of 59 

For  expenditures,  how  made 187 

Contracts  and  expenditures,  not  to 

exceed 187 

AREAS,  size  and  enclosure  of. 258,  259 

ARREARS— 

Cleric  o/. ;  See  "  Clerk  of  Arrears." 
Of  taxes  and  assessments  and  Cro- 

ton  water  rent,  how  collected 72 

ASH  CARTS— 

construction  of. 372 

regulation  of 271,  272 

not  to  unload  in  streets 420 

ASHES- 
Ihr owing  or  dumping  in  streets, 

prohibited 419, 421 

Delivery  of  to  be  to  ash  carts 421 


586 


INDEX. 


ASHES— 
Removal  of,  by  whom 271  to  275 

box  or  barrel  to  be  placed  on  side- 
walk       428 

Sifting,  provision  respecting 420 

ASSESSMENTS— 

Apportionment  of,  how  made 88 

Arrears  of,  provision  as  to  collecting,  72, 117 

bills,  how  copied,  kept,  &c 74 

Bonds,  provision  as  to  issuing 185, 186 

Collection  of,  Bureau  of 79,  111  to  118 

general  provisions  concerning.  .111  to  118 
Collector  and  Deputy  Collectors,  their 

duties,  compensation,  &c Ill  to  118 

Confirmed,  list  of  titles,  where  kept. .        73 
List,  proof  of  work  done  to  be  attached 

to 188 

For  improvements  when  not  to  be 

less  than  $5 118 

Improvements  involving,  notice  to 

be  published 188 

On  Corporation  property,  to  be  re- 
ported         84 

Sales  for,  under  whose  cognizance. .        73 

Searchers  for,  fees  established 73 

ASSISTANT  ENGINEER  in  Croton 

Aqueduct  Board  and  his  salary,      141 

AUCTION  SALES— 

In  streets,  provisions  respecting 308 

On  sidewalks,  purchasers  not  to  stand 

on 310 

Of  horses,  in  the  streets,  prohibited.      316 
Of  carriages  and  animals  in  streets      309 
Oj  furniture,  provisions  respecting. .      311 
In  Chatham  square,  provisions  re- 
specting  311,  312 

AUDITOR  OP  ACCOUNTS— 

Charier,  provisions  respecting 25 

Bureau  of,  established 55,  76 

Duties  of,  defined 76 

Assistants  to,  their  duties 76,  77 

AUDITORS   in  Comptroller's  office, 

thetr  duties,  &c 65,  68 

AUDITING  BUREAU  established. ...        76 

AVENUES— See  "  Streets." 

AWARDS  for  Corporation  property, 

to  be  reported 84 

AWNINGS,  regulations  concerning. . .      284 

AWNING  POSTS,  regulations 282  to  284 


B. 

BADGES- 

Fire— See  "  Fire  Badges." 
Constables— See  "  Constables." 
BALANCES,  sealing  and  inspection 
of— See ' '  Weights  and  Measures." 
BALUSTRADES- 

regulations  concerning 282 

Removal  of,  provision  concerning. . .      284 

Goods  not  to  be  exhibited  on 285 

BARGES,  lying  of,  at  wharves 292  to  297 

BARRIERS  to  prevent  accidents,  erec- 
tion of 264  to  267 

BASEMENT  Doors,  regulations  of.  .280,  281 
BASINS,    Receiving,    under    whose 

charge  78,93,137 

BASTARDY  BONDS,  by  whom  prose- 
cuted.  122, 126  to  130 

BATHING  in  the    rivers,  provision 

respecting 427 

BATTERY, firing  of  cannon  on 234 

Cattle,  &c.,  running  on 435 

Enlargement,  dirt  not  to  be  carted  on      290 
Wall,  boats  not  to  receive  passengers, 

&c.,  from 301 

BAY  WINDOWS,  extent  of,   in  the 

street 281 

Removal  of. 284 

BEEF,  unsound  &c.,  provisions,  respect- 
ing  158,165 

BELL-RINGEBS— See"  Fire  Bell-ringers." 

BIRTHS,  Record  of,  where  kept 172 

BLACKSMITH  SHOPS,  refuse    stuff 

from 419 

BLASTING  ROCKS,  regulations  for. .      328 
BOARDING  HOUSES,  examination  of     159 

BOAT  BELLS,  ringing  of 302 

BOATS  for  collecting  junk,  &c.,  to  be 

licensed 411,412 

BONDS  and  Mortgages  of  Corporation 

assignment,  payment,  &c 197 

Assessment,  issuing  of 185, 186 

Of  officers,  where  filed 38 

BONE  BOILING,  &c.,  provisions  re- 
specting  424  to  426 

BOOK-KEEPER,     in     Comptroller's 

office,  and  his  assistants 64 

In  Street  Commissioner's,  duties,&c.       90 
BOWERY,  sweeping  of 272 


INDEX. 


587 


BREAD,  sale  and  manufacture  of 432 

BRIDEWELL,  designation  of 444 

BRO  AD  WAY,  sweeping  of 272 

BROOM  WAGONS,  regulations 430 

to  be  licensed 430 

BUILDINGS— 

Public,  charter  provisions  respecting,        28 
construction  and  repairs  of,  under 

whose  charge 79,  102  to  108 

removal  of  snow  and  ice  from 273 

ffoistways  in,  regulations 329 

Moving  of,  regulations 287 

Ra  ising  goods  outride  of,  regulations  286 
Goods  placed  in  front  of,  regulations  285 
Cleansing  of,  when  necessary,  to  be 

reported  159 

Sloops,  platforms  and  steps,  regula- 
tions  281,282 

removal  of 2S4 

Windows,  regulations 281 

removal  of. 284 

Balustrades,  regulations 282 

removal  of 284 

Rubbish,  removal  of 420 

Entering  of,  by  City  Inspector 161 

BULKHEADS,  cordracts  for,  what  to 

contain 189,  301 

BURIAL  Grounds,  duties  of  proprietors      439 
Permit, by  whom  granted  and  recorded,  172 

BURIALS,  report  of,  how  made 439,  440 

BUREAUX— 

Charier,  provisions  concerning 10,  22 

Of  City  Revenue,  provisions  respect- 
ing  55,67 

Of  Receiver  of  laxes,  ib 55,  71 

Of  'Deposit  and  Disbursement,  ib 55,  74 

Of  the  Clerk  of  Arrears,  ib ....  55,  72 
Auditing,  ib....  55,76 

Of  Street  Improvewents,        ib 79,91 

Of  Wharves,  ib 79,  93 

Of  Roads,  ib 79,  99 

Of  Lands  and  Places,  ib 79,  97 

Of  Lamps  and  Gas,  ib 79,99 

Of  Repairs  and  Supplies,       ib 79, 102 

Of  the  Chief  Engineer,  of  Fire  De- 
partment, ib 80,108 

Of  the  Collection  of  Assessments,  ib.80,  111 
Of  the  Corporation  Attorney,  ib.  .122, 126 
Of  the  PMic  Administrator,  ib.  .122, 130 
Oflhe  Water  Registrar,  ib.  .136,  141 


BUREAUX— 
Of  the  Water  Purveyor,  provisions 

respecting 136, 14S 

Of  Sanitary  Inspection  and  Street 

Cleaning,  ib 157,  162 

Of  Records  and  Statistics,  ib 157,  172 

Of  Markets,  ib 157, 166 

Of  Weights  and  Measures,  ib 157, 173 

BUTCHERS  in  markets,  their  licenses 

1    and  regulations 167,  341,  342 

See  also  "  Markets." 

Permits,  by  whom  granted 167 

BUTTER,  in  market*,  sale  of,  regula- 
tions  345,346 

C. 

CABS,  provisions  respecting 401 

CANNON../i7"in<7  of 234 

CANVASSERS,  Gity.cba.rier  provisions  13, 16 

CAPS,  Fire— See  "  Fire  Caps/' 

CARCASSES  of  animals,  how  removed      419 

CARPETS,  shaking,  provisions  respect- 
ing        420 

CARRIAGES,  -washing  of,  regulations      263 

Auction  sale  of,  in  the  streets 309 

See  also  "  Hackney  Coaches/' 

CARRIAGE-WAYS    of   streets  — See 
"  Streets,  carriage-ways  of."' 

CARTMEN,  Public- 
License  of,  regulation 356,  357 

Residence,  report  of,  to  the  Mayor. .      358 

Stands  of,  regulations 358 

Loads  of,  regulations 364,  365 

Rates  of  charges,  established 362  to  364 

Disputes  with,  how  determined 364 

Attendance  on  carts,  regulations. . .      365 

Suspended,  not  to  drive 365 

Names  of  in  be  given,  when  required      359 

Responsil>ility  of,  for  damages 357 

Carls  of,  may  stand  before  their  own- 
er's premises 366 

Of  lime,  regulations 355 

Of  hay  and  straw,  regulations 353,  354 

Sale  of  firewood  by,  regulations 352 

CARTS    AND    CARTMEN,     general 

provisions 356  to  373 

CARTS,  Public,  definition  of 356 

Stands  for,  regulations 353 

Standing  of,  in  front  of  cartmen's 

premises 366 


588 


INDEX. 


CARTS,  Public- 
Accidents  by,  provisions  concerning      359 
Licensed  carlmen,  only  can  drive. . .      357 

Cartmen,  to  attend  them 365 

Driving  on  piers,  &c.,  speed  regu- 
lated       361 

Passing  to  the  right  of  others 360 

Speed  of,  regulated  generally 360 

when  driven  on  wharves 361 

Numbers  of,  regulations 358 

Size  of,  regulations *361 

Loads  of,  regulations 384,  365 

Rates  of  Charges,  established. .  .362  to  364 

Wheels  of,  regulations 361 

Encumbering  the  streets,  regulations      359 
Spilling  of  dirt  from,  regulations. . .      239 

On  sidewalks,  prohibited 360 

Superintendent  of,  his  duties 367 

who  to  be  (by  state  law) 582 

Dirt,  license  of. 367,  36S 

construction  of 372, 368 

provisions  concerning 367 

Private,  provisions  concerning 366 

Ash,  construction  of 372 

Hag,  to  be  licensed , 411,  412 

For  removing  dead  animals,  license 

of 418 

Sand,  construction  of 372 

For  hay  and  straw,  regulations. .  .353,  354 

Mud,  construction  of. 372 

Offal,  construction  of 372 

Garbage,  construction  of 372 

For  removal  of  nuisances,  to  be  em- 
ployed        419 

Market-See  "  Markets." 

Junk,  to  be  licensed 411,  412 

Lime,  construction 372 

regulation 355 

For  firewood,  construction  of 366 

regulations 351,  352 

Furniture,  size  and  construction 362 

Gravel,  construction  of. 372 

Manure,  construction  of 372 

Swill,  construction  of 372 

regulations 423 

C  ARTWAYS,  Private,  flagging  of. ...  242 
CASTLE  GAKDVN ,  firing  of  cannon,  234 
CATTLE,  running  at  large,  imponud- 

ing 433  to  437 

\         CELEBRATIONS,  mone?//or,  howvoted      10 


CELLAR  Doors,  regulations. . .  .280,  281, 284 
CELLARS,  cleaning  of,  when  to  be  re- 
ported       159 

CEMETERIES,  regulations  concerning,      438 
CESSPOOLS— 
Building  of,  under  whose  cognizance,      158 

regulations 317  to  322 

Cleaning  of,  when  necessary,  to  be 

reported 159 

Emptying  of,  permission,  by  whom 

granted 161 

Inspection  of,  under  whose  cognizance,     158 
CHAMBERLAIN,  City— 

Charter,  provisions  respecting 25 

Bureau  of,  established 55,  74 

Accounts  of,  how  reported 58 

Bond  and  duties  of,  prescribed 74 

CHANCE,  games  of,  prohibited  in  the 

streets 427 

CHARCOAL,  sales  of,  regulations 355 

Wagons,  regulations 430 

License,  to  be  taken 430 

Venders,  superintendence  of 582 

CHARTER  (Amended),  analysis  of . . .          9 
CHATHAM  SQUARE,   auction   sales 

in 311,312 

CHATHAM  STREET,  sweeping  of. . .      272 
CHIEF  ENGINEER  of  the  Fire  De- 
partment— 

Charter,  provisions  respecting 27 

Bureau  of,  established 80, 108  to  110 

Duties  and  Junctions  of,  prescribed,  108  to 
110,  204  to  207 

Appointment  of,  how  made 204 

Salary  of,  prescribed 205 

Vacancy,  how  filled 206 

Cap  and  trumpet  of,  how    distin- 
guished        206 

Elections  for,  regulations 207 

CHIMNEY,  taking  fire,  penalty 229 

Sioeepers,  licenses  of. 447 

apprentices,  &c 447 

responsibilities 448 

badges 448 

fees 448 

inspector  of. 448 

register  of  licenses 449 

CINDERS,  throwing  in  streets  prohibit-,419, 421 


INDEX. 


589 


CISTERNS— 

Construction  of,  permission,  by  whom 

given 256 

fee  to  be  paid 256 

Under  sidewalks,  regulations 256,  257 

CITY  HALL,  name,  to  what  applied. .       107 
Keeper  of,  his  duties,  salary,  &c. .  .107, 108 
Cleaning  and  charge  of,  under  whom,     107 
CITY  INSPECTOR— 

Charter,  provisions  respecting 29 

Duties,  bond  and  salary,  prescribed, 

158  to  162 
Duties  of,  in  respect  to  public  pounds,     437 

as  to  piers  for  offal  boats 418 

as  to  bone-boiling  establishments,  424  to  426 

as  to  removal  of  nuisances 426 

as  to  interments 438 

as  to  slaughter-houses,  &c ,      417 

as  to  sinks,  privies  and  cesspools. .       317 
as  to  placing  lists  in  station-houses,      227 

Repori  of,  quarterly 176 

Weights  and  measures,  custody  of, 

standard 335 

CITY  INSPECTOR'S  DEPARTMENT— 

Charter,  provisions  respecting 29 

Organization  of. 157 

General  cognizance  of,  prescribed. .       157 

Bureaux  in,  established 157 

Clerks  and  Messengers  in  office 162 

CITY  PRISON,  designation  of. 444 

CITY  RAILROADS-See  "  Railroads." 
CITY  REVENUE- 

Bureau  of,  its  functions,  &c 67 

Collector  of,  duties,  bond  and  compen- 
sation         67 

Collection  of,  how  made 68 

Clerk  to  Collector,  his  duties,  &c 69 

Deputy  Collectors,  duties,  bond  and 

salary 70 

CITY  STOCKS— See  "  Stocks." 
CLERKS— 

Of  Common  Common  and  his  assist- 
ants, duties,  salaries,  &c 45  to  49 

See  also  "  Common  Council." 
Deputy  of   Board    of  Aldermen, 

duties,  &c 48 

Of  Board  of  CouncUmen  and  his 
assistants,    their    duties,    sala- 

r'tfc,&c 49to52 

a/so  "  Councilmen." 


CLERKS- 

Of  Departments,  their  number,  how 

fixed  under  charter 10 

Of  Arrears,   his    duties,  bond,  and 

salary 72  to  74, 117 

his  bureau  established 55,  72 

charter  provisions  respecting 25 

In  Bureau  of  Arrears 73 

In  Comptrollers  office 67 

To  Receiver  of  Taxzs 71 

To  Collector  of  City  Revenue 69 

To  City  Chamberlain 75 

In  Street  Commissioner's  office 89,  90 

In  Bureau  of  Wharves 95 

In  Bureau  of  Roads *. .  97 

In  Bureau  of  Repairs  and  Supplies  104 
To  Deputy  Superintendent  Repairs 

and  Supplies 106 

In  Bureau  of  Street  Improvements,  92 

In  Bureau  of  Lamps  and  Gas 101 

To  Croton  Aqueduct  Board 141 

In  Bureau  of  Water  Purveyor. ..  150 

In  Bureau  of  Water  Registrar. . .  142 

In  the  Law  Department 126 

Of  the  Corporation  Attorney 129 

In  the  City  Inspector's  office 162 

In,  the  Bureau  of  Sanitary  Inspec- 
tion  164,166 

In  the   Bureau  Records  and  Sta- 
tistics   173 

To  Superintendent  of  Markets 169 

To  Commissioners  of  the  Fire  De- 
partment   227 

Of  the  Board  of  Fire  Wardens. . .  209 

CLOCKS,  Public,  regulator  of 88 

COAL,  sale  of,  regulations 355 

COLLECTOR— 

Of  City  Revenue,  charter  provisions,  25 

Bureau  of,  established 55,  67 

Of  Assessments,  charter  provisions. .  27 
duties, bond  and  compensation.  .111  tolls 
COMMITTEES— 

Executive,  abolished 42 

Joint,  provisions  concerning 43 

on  Croton  Aqueduct 43 

On   Accounts,    provisions    concern' 

ing 43 

General  powers,  prescribed 43 

Reports,  how  made  and  printed 43 


590 


INDEX. 


COMMITTEES— 

Meetings,  notices  of 46 

Witnesses,  how  subpoenaed 46 

COMMON  COUNCIL— 

Members  of,  charter  provisions 10 

see  also,  "Aldermen,"  "  Councilmeu." 

Business  of,  how  transacted 42 

Clerk  of,  charter  provisions 15 

how  appointed  and  removed 45 

salary  and  bond 48 

datie.s 45  to  49 

deputy,  clerks  and  messengers 48,  40 

to  countersign  warrants 57 

COMPTROLLER- 

Charier,   provisions  respecting 23 

Vacancy,  how  supplied 63 

Duties,  salary,  bond,  &c 56  to  63, 196 

Deputy,  duties,  bond  and  salary 63 

COMPTROLLER'S  OFFICE— 

Deeds,  contracts,  &c.,  to  be  deposit- 
ed in 56 

Clerks  and  officers  in,  tbeir  du- 
ties, &c 64  to  67 

CONTRACTS- 

Charter,  provisions  respecting 19 

Report  of,  to  be  annually  made 59 

Appropriations,  connected  with 187 

Drawing  of,  by  whom 123 

For  supplies  and  work,  how  author- 
ized   177 

when  necessary 177 

estimates  and  proposals 178 

estimates 178,179,180 

sureties  with  estimates 179, 180 

form  of  execution 183 

general  provisions 177  to  189 

For  supplies,  samples  with  estimates,      181 
For  work,  clause   to  prevent  acci- 
dents       182 

proof  of  work  done 188 

retention  of  last  instalment 182 

reservation  of  10  per  cent 182, 189 

Payment  of,  raising  money  for 184 

issuing  of  assessment  bonds 1S5 

when  amount  is  less  than  $10,000. .       186 

on  certificate  of  amount  due 186 

when,  to  be  in  full 189 

Intertst  on,  when  to  be  paid 188 


CONTRACTS— 
For  building  piers  or  bulkheads, 

contents 189 

In  Street  Department ,  by  whom  made,  80 

expenditures  to  be  reported 85 

work  in,  inspectors  of 84 

For  Croton  works,  provisions  con- 
cerning  150,  151 

CORONERS,  Charter  provisions 30 

Inquisitions,  where  kept 172 

CORPORATION  OF  THE  CITY— 

General  powers,  under  charter  of  1857,  9 

Legislative  powers,  under  charter. .  9 

Executive  potvirs,  under  charter. . .  9 

Legislative  a<ts,  under  charter 9,  10, 

Suits,  by  whom  prosecuted  and  de- 
fended   124 

annual  report  of 124 

register  to  be  kept 125 

CORPORATION— 
Advertisements,  provisions  concern- 
ing   450 

Attorney,  charter  provisions 29 

Bureau  of,  established 122,  126  to  130 

duties,  bond  and  salary 126  to  130 

annual  report 128 

clerks  and  messengers 129 

Officers  serving  process  for 128 

Loans,  in  anticipation  of  revenue 63 

Rents,  collection  of. 57,67 

Grants,  fyc.,  by,  record  of  and  maps  57 

Grants,  fyc.,  to,  maps  to  be  annexed  57 

Accounts,  by  whom  audited 57,  76 

Officers,  residence  of 174 

as  to  extra  compensation  of. 177 

See  also  "  Officers." 
Yards,  under  whose  cognizance. . .  .79, 105 

foreman  of HO 

keepers  of,  their  appointment.  &c. .  105 

CORTLANDT  street,  sweeping  of 272 

COUNCILMEN— 

Charter,  provisions  respecting 15 

Powers  of,  as  to  stands  for  hacks. . .  397 
in  settling  disputes  as  to  fences,  325  to  327 

as  to  ji,nl<  shops 410 

as  to  regulation  of  stages 381 

At  fires,  how  distinguished 227 

Board  of  ,  charter  provisions 13 

rejecting  acts  of  the  Aldermen. ...  43 


INDEX. 


591 


COUNCILMEN— 

Board  of,  transmission  of  messages        44 

amending  acts  of  Aldermen 44 

Committees  of  Conference 44 

receding  from  its  action 44 

adhering  to  its  acts 44 

method  of  transacting  business 42 

notices  of  meetings 50 

Executive  Committees,  abolished. .        42 
President  of,  charter  provisions. ...        14 
Clerk  of,  provisions  concerning. .  .49  to  51 
Deputy  Clerk,  assistants  and  mes- 
sengers   51,  52 

Reader,     Seargeant-at-Arms    and 

Doorkeeper 52,  53 

COUNSEL  TO  THE  CORPORATION— 

Charier,  provisions  respecting 28 

Duties,  bond  and  compensation,  123  to  126 
Clerk  hire,  a  sum  allowed  in  lieu  of.      126 

COURTS— 
Stationery  for,  by  whom  furnished. .  79,  104 

Police,  districts  established 442 

Districts,  Justices,  how  assigned  to,      443 

location  of  established 442 

rooms,  not  to  be  used  for  meetings,      443 
scriveners  for  2d  and  3d  District,      445 

District,  list  of  fees  to  be  posted 443 

bills  of,  to  be  del  ivered 444 

collection  of,  costs 444 

Marine,  seal  of. 445 

Rooms,  supplies,  by  whom  furnished,  79,  104 

cleaning,  heating  and  lighting 105 

persons  to  have  charge  of 105 

CROTON  AQUEDUCT  BOARD— 

Charter,  provisions  respecting 31 

Organization  of,  as  a  Department. . .      134 

Powers  and  duties  of,  prescribed,  134, 135, 

247,  256,  261 

Officers  composing,  designated 136 

their  salaries  and  duties 136  to  141 

Officers  in  Department,  salaries,  &c.      141 

Report  of,  quarterly 176 

CROTON  WATER— 

Supplying,  manner  of 151 

Control  of,  under  whose  cognizance. .       135 
Distribution  of,  under  whose  cogni- 
zance       134 

Preservation  of,  under  whose  cogni- 
zance       135 


CROTON  WATER— 
Revenuefrom,  provisions  concerning, 

&c 134, 141  to  148 

Washing  sidewalks,  regulations 155 

Semis,  scale  of 143  to  148 

how  paid 152 

when  unpaid 152 

how  applied 152 

arrears  of,  bills  how  kept,  &c 74 

arrears  of,  how  collected 72 

searches  fur,  fees 73 

sales  for,  under  whose  cognizance..  73 
CROTON  WATER  WORKS— 

General  cognizance  of 134, 135 

Dam,  preservation  of,  under  whom. .  135 
Lake,  preservation  of,  under  whom. .  135 
Banks  of  river,  preservation  of,  un- 
der whom 135 

Gate-houses,  provisions   against   in- 
juring   153 

Ventilators,  provisions  against  injuring,  153 
Aqueduct,    preservation    of,    under 

whom 135 

provisions  against  injuring 153 

no  person  to  go  into 153 

contracts  for  repairs,  &c 136 

trespasses  on 140 

works — 
new  works  to  be  authorized    by 

Common  Council 137 

provisions  against  injuring 153 

when  contracts  to  be  made 150, 151 

penalties 156 

Reservoirs,  preservation  of 135 

bathing  in,  prohibited 153 

provisions  as  to  trespasses 153, 154 

Hydrants,  opening  of 154, 155 

Mains,  laying  down,  under  whose  cog- 
nizance   135 

laying,  to  be  authorized  by  Common 

Council 137 

preservation  of,  under  whom 135 

Sewers— See  "  Sewers." 
Culverts— See  "  Culverts." 
Pipes,  laying  down,  under  whose  cog- 
nizance    135 

laying  of,  to  be  authorized  by  C.  C.  137 
Pipe  Yard,  under  whose  cognizance,  135 
Stop-cocks,  provisions  against  obstruct- 
ing   155 


592 


INDEX. 


CROSS-WALKS,  removal  of  snow  and 

ice 277 

See  also,  "  Streets,"  •'  Slips." 
CULVERTS— 

Charge  of,  under  whom 137,  247 

Cleansing  of,  when  to  be  done 137 

Building  or  repairing  of,  regulation 

as  to  gas  pipes , 252,  253 

CURB  STONES— See  "  Streets,  Sidewalks." 


D. 
DEAD— 

Burials  of,  to  be  reported 439,  440 

certificate,  first  to  be  had 440 

general  provisions 438 

Disinterment  of,  permits 172 

Removal  of  bodies,  provisions  con- 
cerning  161,  438,  440 

Register  of,  where  kept 1GO 

Animals,  removal  of 322 

DEALERS  in  Second-hand  Articles. 
See  "  Second-hand  Articles." 

DEATHS— 

Record  of,  where  kept 172 

Report  of,  to  be  published 160 

DEBT,  City,  redemption  of,  see  "  Sink- 
ing Fund." 
DEEDS  for   Corporation,   by   whom 

drawn 123 

DEPARTMENTS— 

Executive,  charter  provisions 10 

heads  of,  appointment  and  removal 

under  the  charter 11,  12 

Finance,  organization  of 54 

Street,       Ib 78 

Law,          Ib 122 

Croton  Aqueduct  Board,  Ib 134 

City  Inspector's,  Ib 157 

miscellaneous  provisions  as  to  all,  18, 20, 174 

clerks  of,  number,  under  charter. ..  10 
DEPOSIT   AND    DISBURSEMENT, 

Bureau  of 74 

DEPUTY— 

Street  Commissioner,  his  duties,  &c.  88 
Collector  of  City  Revenue,  duties,  &c.  70 
Collectors  of  Assessments,  duties, 

&c HltoUS 


DEPUTY— 

Superintendent  of  Repairs  and  Sup- 
plies, duties,  &c 104 

Registrar  (Water) ,  duties,  &c 142 

DIRT— 

Carts,  provisions  concerning 367,  372 

Removal  of,  from  streets,  regulations,      287 
Throwing  in  streets,  provisions  con- 
cerning  288,  419 

Screening,  provisions  respecting 420 

DISTRICTS,  Election,  designated 451 

DOCKS,  leasing  Corporation 291 

Laying  of  vessels  at,  provisions  con- 
cerning  292  to  297 

Careening  of  vessels  at,  prohibited . .  300 
Lumber,  provisions  respecting.  ...303  to  306 
Cleaning  of,  necessity  to  be  reported,  159 

For  garbage  boats,  assigned 419 

Masters,  who  to  be  (by  state  law) . .      582 
DOGS- 

Killing  of,  provisions  concerning..  .414, 415 
Running  at  large,   provisions    con- 
cerning  414, 415 

DRAINAGE,  under  whose  cognizance,      134 
DRAINS  UNDERGROUND— 

Cognizance  of. 134,  247 

Cleansing  o/,under  whose  cognizance,135 ,137 
Repairs  of,  under  whose  cognizance,  135, 137 
Construction  of,  under  whose  cogni- 
zance       135 

barriers  to  prevent  accidents..  .264  to  267 
Excavations,   gas  pipes,   how  pro- 
tected         253 

Piercing  or  opening  of,  under  whose 

direction 137 

manner,  by  whom  prescribed 247 

to  be  made  by  persons  licensed 138 

Connections  with,  form,  size,  &c.,  by 

whom  prescribed 247 

permits  for,  by  whom  granted 247 

general  regulations 248  to  250 

fee  for  permit 249 

Injuring  or  obstruciiug,  prohibited,      251 

DRAINS— 

Private,  permission  to  construct. ...  137 

penalty  for  violations 138 

to  be  made  by  persons  licensed 138 

fee  for  permits. 139 


INDEX. 


DRAINS— 

Private,  fee  for  manufactories 139 

penalty  for  obstructing 140 

record  of  permits 140 

DRAYS,  size  of  regulated 361 

See  also,  "  Carts." 

DRYING  of  Clothes  in  streets 428 

DRY  GOODS,  sate  of,  in  streets 309 

DYERS'  Vats,  prohibited,  with  excep- 
tion   416 

E. 

EGGS,  sale  of,  in  marlcets 345 

ELECTION  Districts,  designated 451 

ELECTIONS,  duties  of  Police,   by 

state  law 582 

ENCROACHMENTS  on  Streets,  re- 
port of 83 

ENGINES— See  "Fire  Engines"  and 
"Fire  Apparatus." 

ENGINEER    to     Oroton     Aqueduct 

Board,  his  duties,  &c 136 

Assistant  to  do 141 

Chief— S&Q  "  Fire  Department." 

ENTERTAINMENTS,  vote  of  money 

for 10 

EXCAVATIONS,  for  vaults,  drains, 

&c.,  protection  of  gas  pipes 253 

In  streets,  barriers  to  prevent  acci- 
dents  264  to  26 

EXPRESS  WAGONS,  provisions  con- 
cerning  374,  375 

F. 
FARMERS,  stands  for,  to  sell  market 

produce 310 

sales  in  streets,  provisions  respect- 
ing       432 

FENCES— 

Encumbering  streets,  removal  of. . .      28- 
Height  and  construction  of,  regu- 
lated        32 

Repairs  of 32 

Disputes  concerning,  how  settled. . .       32 
Partition,  how  made  and  kept  in 

repair 325  to  32 

Btes,  how  settled 325,32 
>,  charter  provisions 3 
' 


ERRY  Slips  and  Boats,  as  to  ob- 
structing  294.295 

ILTH,  not  to  be  thrown  in  streets. . .  419 
ILTHY  WATER,  not  to  run  from  pre- 
mises   422 

INANCE,  Department  of— 

Charter  provisions  respecting 22 

General  ordinance  concerning 54 

Bureaux  in,  defined 55 

'IRE— 
Cliimneys,    stovepipes    and    flues, 

taking  fire 229 

Kindling  in  the  streets,  regulations.       229 
Prevention    of,  who    may    inspect 

buildings,  &c 208 

notice  to  remove  things  dangerous .      208 

general  provisions 229,  230 

FIRE-ARMS^ring  of,  provisions  con- 
cerning  234  to  236 

FIREWORKS— 

Keeping  of,  in  the  city,  regulations      232 
Seizure  and  sale  of,  provisions  con- 
cerning        233 

Firing  of  in  the  city,  prohibited 235  - 

Sale  of  certain  descriptions,  pro- 
hibited       235 

FIREWOOD— 

Sales  of,  regulations 351,  352 

in  the  street,  regulations 312 

Landing  and  carting  of,  regulations,      351 
Carts  and  Loading,  regulations.  ..351,  352 

Carts  fur,  construction  of 366 

Superintendence  of  venders,  under 

under  state  law 582 

FIRES,  FIRE  DEPARTMENT,  &c.— 
Apparatus,  as  to  taking  from  houses,      220 

old,saleof 205 

superintendent  of,  appointment,  &c.  110 
Badges,  regulations  concerning.  .216  to  219 
Bell-ringers,  appointment,  duties,  &c.  222 

removal  of. 223 

report  of  neglect 223 

stations  of. 223 

Caps,  regulations 215,  216 

Companies,  how  organized 209 

number  of  members 209 

election  of  members 213 

regulations  as  to  number  of 214 


594 


INDEX. 


FIRES,  FIRE  DEPARTMENT,  &c— 
Companies,  return  of  members   to 

Chief  Engineer 221 

volunteers  prohibited 213 

duties  of,  on  alarm  of  fire 213 

in    going   to   or   returning    from 

fires 212,220 

duties,  in  respective  districts 226 

to  obey  Engineers 211 

taking  engines  from 221 

annual  report  to  fire  commissioners      222 

officers,  responsible  for  neglect 212 

Regulations,  at  fires 219,  220 

Departments,  general  provisions 203 

general  privileges  and  duties 203 

of  whom  to  consist 203 

Commissioners  of 227 

Clerk  and  Messenger  of  Commis- 
sioners       228 

Chief  Engineer,   appointment  and 

and  salary 204,  205 

Chief  Engineer,    powers  and  du- 
ties  108  to  110,  205  to  207 

Assistant  Engineers 205,  206 

election  of  engineers 205  to  207 

penalties,  to  whom  paid 230 

suits  for  penalties 230 

entitled  to  proceeds  from  fireworks 

seized 233 

entitled  to  penalties  for  hoistways,      329 

other  penalties 213 

Districts,  division  of 224 

signals  for 226 

duties  of  companies  in 226 

Engines,     apparatus,   &c.,    under 

whose  cognizance 79, 80,108  to  1JO 

construction  of  new 109 

as  to  lending  or  letting  to  hire 220 

Engine  houses,  supplies  for 79,  80, 104 

gas  for 221 

strangers  not  to  enter 211 

regulations  concerning 211 

volunteers  not  allowed  at 213 

FIREMEN— 

Appointment  of,  regulations 214 

Transfer  of,  to  other  companies 221 

Duties  of,  prescribed 210 

in  going  to  or  returning  from  fires.  212 

To  obey  Engineers 211 

Return  of,  to  Chief  Engineer 221 


FIREMEN— 

Complaints  against,  how  reported. .  214 

Offenses  by,  how  reported 214,  215 

Suspended,  regulations  concerning. .  212 

Expelled,  regulations  concerning 212 

how  reported 214 

Caps  of,  regulations 215,216 

Badges  of,  regulations 216  to  219 

Volunteers,  prohibited 213 

Exempt,  performance  of  duty  by 216 

caps  and  badges 216 

FIRE  SIGNALS,  striking  of. 226 

for  assistance 226 

FIRE  WARDENS— 
Appointment,  duty  and  salary.  .207  to  209 

Cap  and  trumpet 209 

Duties  of,  in  regard  to  hoistways. . .  329 

Seizure  of  fireworks,  by 233 

Clerk  of  Board  and  his  salary 209 

FISH,  unsound,  provisions  concerning,158,165 

fresh,  sale  of,  in  markets 345 

Wagons,  regulations 430 

license 430 

penalty 431 

FLAGGING  sidewalks.    See  "  Streets , 
sidewalks." 

FLAX,  keeping  of,  regulations 229 

FLYING  HORSES,  prohibited 428 

FOOD,  wholesome,  charter  provisions.  33 

Unwholesome,  removal  of. 158, 165 

FOUNDRIES,  removal  of  rubbish  from  419 
FOREMAN  of  Corporation  Yard,  du- 
ties, &c HO 

FRUIT  WAGONS,  regulations 430 

License,  provisions  concerning 430 

Penalty,  prescribed •  431 

Exceptions,  as  to  certain  persons. . .  432 
FUEL, /or  public  offices,  how  supplied. 79, 104 

FULTON  street,  sweeping  of 272 

FUNERALS,  bells  not  to  be  tolled. ...  439 

FURNITURE,  sale  of,  in  the  streets ...  311 

G. 

GAMES  of  chance  in  streets,  prohibited  427 
GARBAGE— 

Throwing  in  sinks,  &c.,  prohibited.  319 

Throwing  in  streets,  prohibited 419 

Throwing  in  streets  or  lots,  prohibi- 
ted...                                    417 


INDEX. 


595 


GARBAGE— 

Removal  of,  by  whom 271  to  275 

barrels,  &c.,  on  sidewalks 428 

Carts,  constouction  of. 372 

GAS  lamps,  lighting  of. 255 

Breaking  pavements,  for  regulations  239 
Pipes,    protection    against    excava- 
tions  252  to  254 

GAS  COMPANIES— 

New  York  Gas  Company  contract  5G6 

Manhatten.—Ib 569,  573 

Harlem.— Ib 577 

GOODS,  raising  of,  outside  of  buildings  286 

Placing  in  front  of  buildings 285 

GRANTS  from  the  city,  charter  provi- 
sions   33 

Water,  directions  concerning 199,  200 

Covenants,  in 200 

GRATES,  of  vaults,  provisions  concern- 
ing    259 

GRAVEL  carte,  construction  of.. .....  372 

GRAVES,  opening  of,  regulations...  438 

GROUND,  made,  provision  concerning  416 

GUNPOWDER,  keeping  of,  regulations  231 

Magazines,  license  for 231 

erection  of 231 

penalties 232 

GUNS,  ,/iring  of,  provisions  concern- 
ing  235,236 

GUTTERS  across  sidewalks,  construc- 
tion of. 421 

Liquids,  as  to  throwing  in 421 

Cleaning"*  of,  who  to  clear  obstruc- 
tions   251 

Snow  and  ice,  removal  of. 276 

H. 
HACKNEY  COACHES— 

Owners  of,  licenses  to 47,  386,  387 

to  give  name  and  number 396 

to  obey  regulations  as  to  stands. . .      398 

not  to  refuse  employment 394 

not  to  leave  their  coach,  &c 395 

when  not  to  solicit  passengers 396 

Drivers  of,  Sunday  regulations 398 

licenses  .of,  regulations 47,  388 

badges  of,  regulations 388,  389 

cards  to  be  presented  to  passengers      389 

to  give  name  and  number 396 

not  to  refuse  employment 394 


HACKNEY  COACHES— 

Drivers,  not  to  leave  their  coaches.  395 

to  obey  regulations  as  to  stands. . .  398 

when  not  to  solicit  passengers 3£6 

Fares  of,  rates  established 390  to  392 

Disputes  concerning 392 

collecting 392 

demand  of,  excessive 393 

proof  in  suits  for 393 

Stands  for,  regulations 396  to  398 

Numbering  of,  on  inside  and  outside  393 

on  lamps 393 

Cards,  to  be  fixed  in 394 

exhibition  of. 394 

Lamps,  with  numbers  on 393 

Speed  of,  regulated 360 

Passing  other  vehicles 360 

Sunday  regulations 398 

Penalties 387,  388, 390,  393,  394,  398 

Special,  license  for 390,  398,  399 

regulations 399 

provisions  applicable  to 399 

Superintendence  of,   provisions  re- 
specting   400 

Superintendents,   who    to   act  (un- 
der State  law) 582 

HANDBILLS  of  quack  medicines 427 

HAND  CARTS,  for  junk,  &c.,  license,  411,412 

HARDWARE, sale  of,  in  the  streets. .  309 

HAY,  keeping  of,  regulations 229 

Sale  and  carting  of,  regulations 353 

Boats,  slips  appropriated  for 296 

Cartmen,  regulations 353 

Stand,  in  Hall  street 353 

HEALTH,  Commissioners  of. 157 

*  Board  of,  in  relation  to  City  Inspec- 
tor   157 

Examination  of  boarding  houses, 

&c 159 

notices  of  Committee  meetings 46 

who  to  be  clerk  of. 45 

legal  adviser  of 123 

Public  removal  of  things  prejudicial.  159 

removal  of  noxious  things 158, 165 

duties  of  police  (by  State  law) 582 

Wardens,  duties  and  salary 166 

duties  as  to  sinks,  privies  and  cess- 
pools  317  to  322 

duties  as  to  removal  of  building  rub- 
bish    420 


596 


INDEX. 


HEALTH— 

Wardens,  duties  as  to  nuisances 419 

HEATH  HENS,  sale  of,  in  markets.  350 

HEMP,  keeping  of,  regulations 229 

HIDES,  unwholesome,  prohibition 416 

HIGH  BRIDGE,  under  whose  cogni- 
zance   135 

HORSES,  dead,  casting  of,  in  streets. .  417 
Driving  in  the  city,  general  provi- 
sions  315,  316 

Speed  of,  regulated 315 

turning  corners 315 

See  also  "  Hackney  Coaches," 
"  Stages,"  "  Streets." 

Racing  of,  prohibited 315,  316 

Running  at  large,  provisions  con- 
cerning    315 

Auction  sales  of,  in  streets,  prohibited  316 

On  sidewalks,  provisions  concerning.  315 

To  sleighs,  bells  to  be  attached 316 

Tandem,  provisions  concerning 316 

Washing  of,  regulations 263 

Watering  of,  regulations 263 

HOISTWAYS,  regulations  and  penalties  329 
HOSE  CARTS.  See  "  Fire  Apparatus." 
HYDRANTS— 

Construction   and  repair  of,  esti- 
mates   149 

Opening  of,  regulations 154, 155 

Unscrewing  of,  regulations 263 


ICE  on  crosswalks,  removal  of 277 

On  sidewalks,  strewing  ashes  and 

sand 276 

On  sidewalks  and  guttei~s,  removal  of 

Before  public  buildings,  removal  of.  273 

INCUMBRANCES— 

Removal  of,  under  whose  cognizance  79 

from  streets,  wharves,  &c 85  to  88 

In  streets,  regulations 280  to  288 

to  be  reported  to  Corporation  Attor- 
ney   83 

INSPECTOR,  of  chimney  sweepers. .  449 
Of  contract  work  in  Street  Depart- 
ment   84 

Of  manure,  appointment  of 278 

Of  meats  and  articles  of  food,  &c.  165 

Of  sidewalks,  appointment,  duties,  92 

Of  lamps  and  oil,  appointment,  &c. .  101 


INSPECTOR— 

Street.    See  "  Street  Inspectors." 

Of  street  paving ,  a  nd  compensation .  149 

Of  vessels,  charter  provisions 33 

Of  weights  and  measures,  charter 

provisions 30 

appointment  and  bond 173 

their  duties 330  to  335 

fees 332,333 

"  See  also  "  Weights  and  Measures." 

INTELLIGENCE  OFFICES,  license  to 

keepers 47,413 

Inspector  of,  (under  State  law.) 582 

INTERMENTS,  general  provisions 438 

Disinterment,  permits  for 172 

J. 
JUNK  SHOPS— 

Inspectors  of,  who  to  act  as 412 

Keepers  of,  license  to 47,  407, 409,  411 

surety 407 

what  they  may  purchase. . . , 408 

not  to  receive  pawns 408 

not  to  make  advances 408 

record  of  purchases 408 

books  to  be  open  for  inspection  ...  408 

place  of  business  to  be  designated  408 

from  whom  may  not  purchase 409 

not  to  purchase  after  sundown 409 

as  to  things  advertised 410 

as  to  things  alleged  to  be  stolen. . .  410 
not  to  be  pawnbrokers  or  second- 
hand dealers 410 

carts  and  boats  to  be  licensed 411,412 

removal  of  place  of  business 412 

penalties 408, 412 

K. 

KEEPERS  of  junk  shops- 
see  "•  Junk  Shops." 

Of  Public  Parks,  appointment,  &c.  99 

KINDLING  WOOD— 

license  to  wagons 430 

regulations  of 430 

penalties 431 

KITES,  flying,  in  the  streets 427 

L. 

LAMPS,  Public,  under  whose  cogni- 
zance  99  to  101 


INDEX. 


597 


LAMPS  AND  GAS,  Bureau  of. .  .79,  99, 101 
Superintendent  of,  duties ,  salary,  &c.  99 
Inspectors  of,  duties,  &c 101 

LAND,  under  water,  grants  of 199,  200 

LANDS  AND  PLACES— 
Bureau  of,  provisions  respecting. . .  79,  97 

Foreman  of,  duties,  &c 98 

Superintendent  of,  duties,  salary,  &c. 

97  to  99 
see  also,  "  Public  Places." 

LAW   DEPARTMENT,  Charter  pro- 
visions  , 28 

organization  of 122 

Clerks  in,  and  their  duties 126 

LEASES,  appraisement  on  renewal.  .60, 197 

Assignment  of,  provisions  respecting  60 

by  whom  consent  to  be  given 197 

Expiration  of,  appraisal  of  rent,  &c.  197 
LEATHER,  unwholesome,  prohibited.  416 
LEGISLATURE,  memorials  to,  draw- 
ing of. 123 

LIBRARY,  City,  Librarian 49 

LICENSES  to  Carts  for  removing  dead 

animals 418 

to  boats  for  collecting  junk,  &c. .  411,  412 

to  wagons  for  sale  of  brooms 430 

to  cartmen 356,  357 

to  dirt  carts 367,368 

to  rag  carts 411,  412 

to  carts  for  removing  dead  animals      418 

to  junk  carts 411,  412 

to  charcoal  wagons 430 

to  chimney  sweepers 447 

to  persons  to  open  drains,  &c 138 

to  express  wagons 374 

to  fish  wagons 43  L 

to  fruit  wagons 430 

for  gunpowder  magazines 231 

to  owners  of  hackney  coaches. .  .386,  387 

to  drivers  of  hackney  coaches 388 

to  special  hackney  coaches.  .390,  398,  399 

of  hand-carts  for  junk,  &c 411,  412 

to  keepers  of  intelligence  offices..  .47,  413 
to  keepers  of  junk  shops,  47, 407,  409,  411 
to  carts  and  boats  of  junk  dealers  411, 412 
to  wagons  for  sale  of  kindling  wood  430 

to  butchers  in  public  markets 341,  342 

to  pawnbrokers 47,  403 


LICENSES  to  make  connections  with 

sewers 138,139 

to  public  porters 369 

to  night  scavengers 158 

to  dealers  in  second-hand  articles 

47,  405,  406,  409,  411 

to  stage  owners 47,  376,  377 

to  stage  drivers 47, 377,  378 

to  street  sprinklers 152, 153 

to  vegetable  wagons 431 

to  junk  vessels 411,412 

to  wagons  for  sale  of  wooden  ware.      431 
LIGHTING  Streets,  Roads,  &c.,  under 

whose  cognizance 78,  79,  99 

LIME  Carts,  construction  of 372 

regulations  of. 355 

Houses,  regulations 355 

Screening,  regulations 420 

Vessels,  regulations 354 

LOANS,  in  anticipation  of  revenue. ...       63 

LODGING-Houses,  examination  of 159 

LOTS,  sunken,  filling  of 78,  79,  91 

Cleaning,  report  of  necessity  for 159 

Nuisances  in,  provisions  concerning      417 

Regulation  of,  to  conform  with  streets     326 

LUMBER  DOCK,  provisions  respecting      303 

M. 

MAIDEN  LANE,  sweeping  of 272 

MAINS-see  "  Croton  Mains." 
MANUFACTORIES,   water   running 
from 422 

MANURE— 

Sale  and  cartage  of,  regulations. ...  278 

Inspectors  of,  duties,  &c 69,  278 

Removal  of,  regulations 278 

time  for 279 

by  whom 273 

Keeping  of,  in  the  city 279 

Places  of  deposit,  regulations 279 

Carts,  construction  of 372 

Revenue  from,  how  collected 68,  69 

MAP,  Clerk  in  Street  Commissioner's 

office 90 

MARKET— 

Boats,  regulations 296 

Bureau',  of,  established 157,  166 


598 


INDEX. 


MARKET— 

Fulton,  chains  across  entrance 340 

attendance  of  clerk 340 

Hay,  on  Grand  street 336 

MARKETS,  PUBLIC,  designated. ...      336 

Cognizance  of,  in  whom 157 

Iteport  of  condition  of,  to  be  made.      168 
Superintendent  of,  duties,  salary, &c. 

166  to  171 

Market  rents  and  fees 68 

Clerks  of,  under  whose  control 171 

duties,  salaries,  &c.  .109  to  171,337  to  350 
Butchers  in,  licenses  and  duties. .  .341,  342 

Countrymen,  sale  of  meats  by 344 

Gardeners,  stands  to  sell  produce. . .     310 

Hucksters,  regulations 346 

ForestaUers,  exclusion  of. 340 

Forestalling,  regulations 347 

Agents  in,  regulations 345 

Purchases  to  sell  again,  regulations      347 
Persons  wanting  employment  may 

stand  in 341 

Stalls  and  stands,  arrangement  and 

numbers 169 

permits 68, 167, 169, 339, 347 

rents 69, 169,  336,  343 

how  leased 336 

near  markets 343,  344 

suspension  of  occupants  170,171,338,339 

report  of  to  City  Inspector 341 

Articles  for  sale  to  be  exposed  to  view      349 
Sale  of  meats  by  the  quarter,  permits      167 

Poultry,  regulation  as  to  sale 345 

Heathhens,  sale  of. 350 

Trout,  sale  of 350 

Quail,  sale  of 350 

Partridges,  sale  of 350 

Woodcock,  sale  of 350 

Garden  produce,  stands  for 337 

Baiter,  sale  of 345,  346 

Eggs,  sale  of 345 

Fresh  fish,  sale  of. 345 

Meagre  shad,  regulations 345 

Meat,  sale  of 344 

Hides  or  skins,  regulations 345 

Sheep  or  lamb,  regulations 345 

Gut  fat,  regulations 345 

Unwholesome  things,  regulations  337,  344, 

345 


MARKETS,  PUBLIC— 

Wagons,  fees  to  be  paid 69 

Carts,  wagons,  &c.,  removal  of 347,  348 

name  of  owner  to  be  painted  on. . .  349 

Weights  and  Measures,  inspection  of  339 

to  be  sealed 342 

Weighing  and  measuring  in,  short 

weights 339 

Days  designated 336 

Opening  and  closing  of,  regulations  337 

Hours  of  purchase,  in 347 

Lighting  of,  under  whose  cognizance  99 

Supplies  for,  by  whom  furnished 79 

Public  worship  in 313 

Refrigerators,  regulations 349 

Casks,  &c.,  regulations 349 

Boxes,  drawers  and  closets,  regula- 
tions   349 

Arrangements  of  things  in,  under 

whom 338 

Produce,  removal  of 348 

Cleansing  of,  under  whose  supervi- 
sion   170 

Removal  of  filth,  &c.,  regulations.  .168  271 

MARRIAGES,  Record  of,  where  kept  172 

MARSHALS  in  Mayor's  office,  see 
"  Mayor's  Office." 

MATS,  shaking  of,  regulations 420 

MAYOR— 

Charter t  provisions  respecting 11 

Salary  of,  prescribed 37 

Powers  and  duties  generally 37 

may  offer  rewards 37 

as  Commissioner  of  Sinking  Fund .  193 

executing  conveyances 202 

as  to  approval  of  papers 47,  51 

countersigning  warrants 57 

licensing  charcoal  and  other  wagons  432 

designating  stands  for  hacks 397 

ordering  seizure  of  fireworks 233 

as  to  keepers  of  junk  shops 410 

as  to  regulation  of  stages 381 

as  to  licenses,  see  "  Licenses" 

How  distinguished  at  fires 227 

MAYOR'S  OFFICE— 

Clerks  in,  duties,  salary  &c 38,  39 

Marshals  in,  duties,  salary,  &c 40, 41 

MEASURES  used  in  markets,  sealing 

of. . .  342 


INDEX. 


599 


MEASURES- 
Sealing  and  inspecting,  see  "Weights 

and  Measures." 
MERCHANDISE,  placing  in  front  of 

buildings 285 

MESSENGERS— 

Of  Board  of  Alaermea ,  duties ,  &c . .  49 

Of  Board  of  Councilmen,  ib 52 

In  Comptroller's  office,  ib 67 

Jn  Street  Commissioner's  office,  ib. .  90 

In  City  Inspectors  office,  ib 162 

To  Croton  Aqueduct  Board,  ib 141 

In  Bureau  of  Arrears,        ib 73 

To  Receiver  of  Taxes,         ib 71 

Of  the  Corporation  Attorney,  ib. . .  129 
To  Commissioners  of  Fire  Depart- 
ment, ib 228 

MONEY— 

Borrowing  of  ',  Charter  provisions ..  10 

Assessment  Bonds,  issuing  of. 185 

Deposit  of,  by  Chamberlain 74 

Disbursed,  vouchers  for 175 

Collected  by  officers,  report  of 175, 176 

MONUMENTS,  designating  streets. .  268 

MUD  Carts,  construction  of. 372 


N. 
NEWSPAPERS— 

Corporation,  what  to  be  published  in       45 
Improvements,  notices  to  be  published      188 
see,  also  "  Publication.'7 

NIGHT  SCAVENGERS,  regulations. 3 18,  322 
see  also  "  Scavengers." 

NIGHT  SOIL,  sale  of 321 

NOXIOUS  THINGS  AND  PRACTICES— 
General  provisions 416 

NUISANCES,  general  provisions 416 

On  premises,  prohibited 416 

Cognizance  of,  under  whom 158 

Investigation  of,  by  whom 163 

Removal  of,  by  whom 161,  426 

Duties  of  Police  by  state  law 582 

Report  of  ordinances  for 160 

Regulations 158, 165 

Not  to  be  thrown  in  streets. ..  417 


NUISANCES,  NOXIOUS   THINGS, 

AND  PRACTICES— 

Made  ground 416 

Nuisances  on  premises 416 

Hides,  blubber,  &c 416 

Slaughter  houses 417 

Dead  horses 417 

Unwholesome  things 417 

Docks  for  offal 418 

Boats  removing  offal 418 

Carts  for  removing  carcasses 418 

throwing  carcasses  in  river 419 

throwing  offal  in  streets 419 

Penalty 419 

Enforcement  of  ordinance 419 

Oyster  andfish  dealers 419 

Foundries,  &c 419 

Building  rubbish 420 

Sifting  ashes,  &c 420 

Screening  sand,  &c 420 

Shaking  carpets,  &c 420 

Ash  Carts 421 

Cinders  and  coal  ashes 421 

Throwing  out  liquids 421 

Gutters  across  sidewalks 421 

Throwing  out  offensive  liquors 422 

Water  from  manufactories 422 

SwiH  and  v  egetable  substances 422 

Shellfish 422 

Booths  and  stands  in  streets 423 

SwuT,  carts 423 

Bone   boiling,    skinning  animals, 

&c 424,425,426 

Removal  of  nuisances,  by  whom. .  426 

Oysters 427 

Games  of  chance 427 

Bathing 427 

Flying  kites 427 

Posting  notices  of  quack  medicines, 

&c 427 

Washing  the  streets 428 

Drying  clothes  in  the  streets 428 

Flying  horses,  whirligigs,  <fcc 428 

Advertising  shows 428 

Garbage  barrels,  and  removal  of 

garbage 428 

NUMBERING  streets,  provisions  con- 
cerning   269, 270 

See  also  "  Streets  Numbering:1 


600 


INDEX. 


0. 

OATHS  of  office,  filing  of. 38 

OBSTRUCTIONS,  in  streets 280  to  288 

See  also  "  Streets  Obstructions  in." 
OFFAL,  boats  for,  docks  assigned. . . ,      418 
Boiling  of,  provisions  respecting,  424  to  426 

Carts,  construction  of 372 

Thr Giving  of,  in  streets  or  lots 417,  419 

OFFICERS— 

Charter,  election  of 32 

Of  the   City    Government,  charter 

provisions 10, 12, 16 

Residence  of,  to  be  in  this  city 174 

Of  Executive  Departments,  how  ap- 
pointed        174 

oath  of. 174 

terms  of  office 174 

Of  Corporation  delinquencies,  how 

reported 58 

as  to  extra  compensation 177 

to  exhibit  vouchers 176 

collecting  moneys,  report  of 175 

not  paying  over  public  moneys 176 

OFFICES— 

Corporation    supplies     for,    under 

whose  cognizance, 79, 104  to  108 

Public  cleaning,  heating  and  light- 
ing, under  whose  charge 105, 107 

Public  persons  to  clean,  heat  and 

light 105 

OIL  Inspectors,  appointment,  &c 101 

OMNIBUSES,    See  "  Stages," 
ORDINANCES,  drawing  of,  by  whom      123 
Enforcement  of,  by  police  (under 

State  law) 582 

Publication  of,  those  passed 45 

OYSTERS— 

Keeping  of,  at  certain  times  pro- 
hibited5^       427 

Stands  for,  not  to  be  in  streets 422 

owners  to  remove  shells 419 

P. 

PARK,  firing  of  cannon  in 234 

Cattle,  &c.,  running  in 435 

Driving  vehicles  in,  regulations 289 

See  also  "  Public  Places." 

PARK  ROW,  sweeping:  of. 272 


PARKS,  keepers  of. , 99 

See  also  «  Public  Places." 

PARTITION,  fences  and  walls,  provi- 
sions concerning 325  to  327 

PARTRIDGES ,  sale  of  in  markets ...       350 

PASSENGERS,  soliciting  of. 302 

PAVEMENTS.     See    "Streets,   Car- 
riage-ways of." 

PAVING  streets.    See  "Streets,  Car- 
riage-ways." 

PAWNBROKERS,  Zicewse  to 47,  403 

Sureties  of,  provisions  respecting. . .      403 

Record  of  things  pawned 403 

Pawn  tickets,  provision  respecting. .      404 

Penalties  prescribed 404,  405 

Interest,  rate  of 404 

Pledge,  to  be  kept  one  year 404 

sale  of 405 

Dividing  loans,  regulations 405 

Purchases  by,  of  things  offered 405 

Inspectors  of,  who  to  act  as '. . . .      412 

Duties  of  Police,  (under  state  law) .      582 

PENALTIES,  by  whom  prosecuted 12 1 , 

126  to  130 

PERIAUGERS,  regulations 296 

PIERS— 
Building, repair  ing  and  lighting  of, 

under  whose  cognizance.  .78,79,  93,99 
Contracts  for ,  what  to  contain.  .189,  301 

Corporation,  leasing  of. 291,  292 

Laying  of  vessels  across  heads  of..      300 

Careening  of  vessels  at 300 

Driving  on,  speed  regulated 361 

For  scavenger  vessels,  provision  re- 
specting  320,  322 

See  also  "  Wharves." 

PIG-STIES,  regulations 435,  436 

PIPES,  to  connect  with  sewers  or  drains — 

permission  to  construct 137 

penalty  for  violations 138 

to  be  made  by  persons  licensed. . .       138 

fee  for  permits 139 

penalty  for  obstructions 140 

record  of  permits 140 

Water  estimates,  by  whom  made. . .      149 
See  also,  "  Croton  Pipes." 

PISTOLS, firing:  of,  regulations 235,  236 

PLATFORMS,  extent  of,  in  streets.  .281,  282 


INDEX. 


601 


PLATFORMS,  removal  of. 284 

PLUMBERS,  licenses  to,  for  making 

openings  in  sewers,  &c 138, 139 

POLICE  Courts,  general  provisions,  442, 445 
See  also, "  Courts." 

Offices,  regulations 44c 

Justices,  how  assigned  to  districts. . . 
General  Superintendent,  powers  as 

to  junk  shops 410 

Powers  and  duties  of  Police,  as  to 

sewers  and  drains 251 

as  to  seizure  of  fireworks 233 

on  occurrence  of  fire 227 

as  to  street  preachers 313 

as  to  nuisances 419 

in  respect  to  stages 383 

as  to   enforcement  of  ordinances 

(under  state  law) 582 

Station-houses,  supplies  for 79, 104 

POOLS  of  standing  water,  prohibited. .      416 

PORK,  unbound,  regulations 158, 165 

PORTERS,  PUBLIC— 

License  of,  regulations 369,  370 

as  to  keepers  of  public  houses 369 

Superintendence  of,  under  state  law,      582 

Badges,  to  be  worn 370 

Fees,  prescribed 370,  371 

General  provisions  concerning.  .370  to  372 
POSTS  in  streets,  roads,  &c.,  erection 

of 282 

Removal  of,  regulations 284 

POULTRY,  in  markets,  sale  of 345 

POUNDS,  PUBLIC— 

Cognizance  of,  prescribed 157 

General  provisions,  respecting.  .433  to  437 

Location  of,  established 436,  437 

POUND-MASTERS,  duties,  &c. . .  .433  to  437 
PREACHING,  in  streets,  regulations. .  313 
PRINTING,  for  Corporation  offices, 

under  whom  done 79, 104 

PRIVIES— 

Inspection  of,  under  whose  cognizance,  158 
Cleaning  of,  necessity  to  be  reported,  159 
Building  of,  under  whose  cognizance,  158 

regulations 317  to  322 

Examination  of,  provisions  concern- 
ing.... 321 

Contents  of,  regulations 318  to  322 

4Q 


PRIVIES— 

Contents,  removal  of. 318  to  322 

Emptying  of,  permission,  how  grant- 
ed       161 

register  to  be  kept 158 

Sale  of  night  soil,  regulations 32X 

See  also  ."Night  Soil." 
PROVISIONS,  sale  of,  in  streets. . .  .308,  310 

Putrid,  throwing  in  streets,  &c 417 

PROCESSIONS,    money   for,     how 

voted 10 

PUBLICATION— 

Of  ordinances, proceedings,  fyc 45 

Of  Fiscal  concerns,  annual 59 

Of  applications    involving  assess- 
ments        188 

of  Corporation  advertisements 450 

PUBLIC  ADMINISTRATOR— 

Charter,  provisions  respecting 29 

Bureau  of,  established 123, 130  to  133 

Bond  of,  prescribed 130 

May  employ  counsel 130 

Annual  Report,  to  be  made  by 131 

Monihly  Report,  to  be  made 131 

Annual  Statement,  to  be  made  by,  131, 132 
Moneys,  deposited  and  drawn  by . . .       132 

Assets  distribution  of. 133 

PUBLIC  PLACES— 

Charter,  provisions  respecting 28 

Opening  of,    under    whose   cogni- 
zance  yg,  79,  97 

Altering  of,  ib 78,  79,  97 

Regulating  of,      ib 78,  79,  97 

Grading  of,         ib 78,  79,  97 

Lighting  of,        ib 78,  79,  97 

Care  and  improvement  of,ib 73  79 

,  Regulations  concerning 289 

Firing  of  cannon  in,  regulations 234 

Public  worship  in,  regulations 313 

Keepers  of,  authorized  for  several. . .        99 
PUBLIC   POUNDS,    general     provi- 
sion8  433  to  437 

PUBLIC  WORSHIP,  in  streets,  &c. .      313 
PUMPS— See  "  Wells  and  Pumps." 

Q. 

QUACK  MEDICINES,  posting  notices,     427 
QUAIL,  sale  of,  in  markets 350 


602 


INDEX. 


QUIT  RENTS— 

Water  lot ,  sale  of. 61 

record  of 61 

Sale  of  lands,  subject  to 62 

Re-entry  of  lands,  subject  to 62 

Commutation  of,  how  released 198 

R. 

RACING  of  horses,  prohibited 315,  316 

RAILINGS  encumbiring  streets 284 

RAIROADS,  city,  construction,  repairs, 

&c 542 

Harlem   Railroad,   provisions  con- 
cerning   542 

Hudson  River  Railroad,        ib 549 

Sixth  and   Eighth    Avenue   Rail- 
roads, ib 553 

New  Haven  Railroad,  ib 553 

Third  Avenue  Railroad,  ib 560 

Second  Avenue  Railroad,  ib 562 

Ninth  Avenue  Railroad,  ib 564 

License  to  cars 402 

REAL  ESTATE,  of  the  Corporation,  56, 196 

Supervision  of,  under  whom 56, 196 

Leasing  of,  directions 198 

Sale  of,  valuation .• 201 

who  authorized  to  sell 201 

Conveyance  of,  how  executed 202 

RECEIVER  OF  TAXES,  Charter  pro- 
visions   25 

Bureau  of,  established 55,  71 

Office  of,  where  kept 71 

Clerks  of,  duties,  &c 71 

Messenger  of,  duties,  &c 71 

RECEIVING  BASINS— 

Cognizance  of,  under  whom 247 

Breaking  or  injuring,  regulations. .  250 

throwing  offal  in,  prohibited 250 

Filth,  by  whom  removed 275 

RECORDER,  power,  as  to  junk  shops  410 

How  distinguished  at  fires 227 

RECORDS  AND  STATISTICS— 

Bureau  of,  established 157, 172 

RECORDS,  Registrar  cf,  duties,  &C.172, 173 

See  also  "  Registrar  of  Records." 

REDEMPTION  CLERK,  duties,  &c. .  66 
REGISTRAR  OF  RECORDS,  Charter 

provisions 30 


REGISTRAR  OF  RECORDS— 

Duties  and  salary,  prescribed 172, 173 

Clerks,  in  Bureau  of 173 

RENTS,  collection  of. 57 

REPAIRS  AND  SUPPLIES— 

Bureau   of,    provisions   respecting 

79, 102  to  108 

clerks,  their  duties,  &c 104 

Superintendent  of,  his  duties,  &c.  102  to  104 

Assistant  Superintendent 103 

Deputy  Superintendent,  duties,  &c. 

104  to  108 

clerks  of 106 

REVENUE,  City- 
Bureau  of—  See  "  City  Revenue." 
Improvement  and  management  of  . .        56 

Collection  of,  by  whom 196 

REWARDS, /or  criminals,  offering  of,        37 
RIVERS,  throwing  contents  of,  privies 

in 319 

ROADS— 

Bureau  of,  provisions  respecting 79,  95 

Clerk  in 97 

Altering, under  whose  cognizance,  78,  79,95 
Construction  and  Repairs  of.  ib. .    78,  95 

Fences  along,  regulations 327 

Grading,  under  whose  cognizance 

78,79,95 
Lighting,  under  whose  cognizance 

78,  79,  99 
Opening,  under  whose  cognizance. . .  78,  79 

Posts  in,  permit  for  erecting 282 

removal  of 284 

Regulating,  under  whose  cognizance 

78,  79, 95 
Repairs  of,  may  be  made  without 

contract 188 

Purchase  of  materials 188 

Superintendent  of,  duties,  &c 95  to  97 

ROCKS,  Blasting  of,  regulations. 328 

RUBBISH,  removal  of, 271  to  273,  428 

RUSHES,  'keeping  of,  regulations 229 

S. 

SALARIES— 

Charter,  provisions  as  to  voting 11 

Of  Mayor 37 


IXDEX. 


603 


SALARIES— 
Of  Chief  Cleric  in  Mayor's  office. . . 

Of  First  Assistant  Clerk  in  do 

Of  Second  Assistant  Clerk  in  do.. 
Of  Third  Assistant  Clerk  in  do... 

Of  First  Marshal  in  c?o 

Of  Second  Marshal  in  do 

Clerk  of  Common  Council 

Deputy  Clerk  of  Board  of  Aldermen 

Assistant   Clerks  in  the    Common 

Council  office 

Messenger  to  Board  of  Aldermen. . 

City  Librarian 

Deputy  Clerk  to  Board  of  Council- 


Assistant  Clerk,  office  of  the  Coun- 
cilmen 

Engrossing  Clerk  of  Councilmen.. 

Messengers  of  Councilmen 

Reader  to  Board  of  Aldermen 

Header  to  Board  of  Councilmen. . 
Sergeanl-at-Arms  to  Board  of  Al- 
dermen  

Sergeant-at-Arms  to  Board  of  Coun- 
cilmen  

Comptroller 

Deputy  Comptroller 

Book-keepers  in  Comptroller's  office 

Clerk  to  Comptroller 

General  Clerks   in    Comptroller's 
office 

Messengers  in  Comptroller's  office. 

Superintendent  of  Market  Rents  and 

Fees 

Inspectors  of  Manure 

Clerk  to  Collector  of  City  Revenue. 
Deputy  Collectors  of  City  Revenue. 
Clerks  in  office  of  Receiver  of  Taxes 
Clerk  of  Arrears 

Assistants  to  do.  do 

Messenger  in  Bureau  of  do 

Clerks  to  Chamberlain 

Inspectors   of  contract    work    in 

Sireet  Department 

Inspectors  of  Incumbrances 

Regulator  of  Public  Clocks 


SALARIES— 

Chief  Clerk    in.  Street    Commis- 
sioner's office 89 

Contract    Clerk,     do 89 

Book-keepers,         do 90 

Map  Clerk,            do 90 

General  Clerks  in  Sireet  Commis- 
sioner's office 90 

Messengers  in  do 90 

Superintendent  of  Street  Improve- 
ments   91 

Clerks  to  Superintendent  of  Street 

Improvements 92 

Inspector  of  Sidewalks 92 

.  Superintendent  f  Wharves 93 

Clerk  of  the  Bureau  of  Wharves. .  95 

Foreman  of  Bureau  of  Wharves. .  95 

Superintendent  of  Roads 95 

Clerk  of  the  Bureau  of  Roads 97 

Superintendent  of  Lands  and  Places  9  7 
Foreman  in  Bureau  of  Lands  and 

Places 99 

Keepers  of  Parks 99 

Superintendent  of  Lamps  and  Gas  99 

Inspector  of  Oil 101 

Inspectors  of  Lamps 101 

Clerk  to  Superintendent  of  Lamps 

and  Gas 101 

Superintendent  of  Repairs  and  Sup- 
plies   102 

Assistant  to  do 103 

Inspectors  of  work    not    done  by 

contract 103 

Clerks  in  Bureau  of  Repairs  and 

Supplies 104 

Deputy  Superintendent  of  Repairs 

and  Supplies 104 

Persons  in  charge  of  public  offices, 

&c 105 

Keepers  of  Corporation  yards 105 

Clerks  to  Deputy  Superintendent  of 

Repairs  and  Supplies 107 

Keeper  of  City  Hatt 107 

Superintendent  of  Fire  Apparatus .  110 

Foreman  of  Corporation  Yard 110 

Clerks  in  Bureau  of  Chief  Engirir  110 


604 


INDEX. 


SALARIES— 

Laborers  in  Corporation  Yard 110 

CoUectors  of  Assessments  (fees) 118 

Surveyors  for  Corporation  (fees). .  119 
Counsel  to  Corporation   (fees  and 

allowance) 125, 126 

Corporation  Attorney  (salary  and 

fees) 129,130 

First  Cleric  to  Corporation  Attorney  129 

Second        do.                     do.     ..  129 

Messenger  to  Corporation  Attorney  129 
President    Commissioner    Croton 

Aqueduct  Board 136 

Commissioner  Engineer  do 136 

Assistant  Commissioner  do 13G 

Assistant  Engineer        do 14  T 

Clerk  to  Croton  Aqueduct  Board..  141 

Messenger  to  do 141 

Water  Registrar 142 

Deputy  Registrar 142 

Accountant  in  Bureau  of  do 142 

Clerks  in  do 142 

Inspector  of  Paving 149 

Water  Purveyor 150 

City  Inspector 158 

Clerks  in  City  Inspector's  office.. .  162 

Messengers  in  do 162 

Superintendent  of  Sanitary  Inspec- 
tion   162 

Qlerks  in  Bureau  of  do 164, 166 

Street  Inspectors 165 

Inspectors  of  Meats 165 

Superintendent  of  Night  Scaven- 
gers   166 

Health  Wardens 166 

Superintendent  of  Markets 166 

Clerk  to  do 169 

Clerks  of  Markets 171 

Registrar  of  Records 172 

Clerks  in  Bureau  of  do 173 

Chief  Engineer 205 

Fire  Wardens 209 

Clerk  of  Board  of  Fire  Wardens  209 

Bell-ringers 222 

Clerk  of  Fire  Commissioners 227 

Messenger        do 228 

SALES  in  streets,  general  provisions, 

307  to  309 


SAND  Carts,  construction  of 372 

Screening,  regulations 420 

SANITARY  INSPECTION  AND  STREET 
CLEANING— 

Bureau  of,  established 157,  162  to  166 

Superintendent  of,  duties,  &c. .  .162  to  166 

duties  as  to  nuisances 419 

duties  as  to  building  rubbish 420 

Clerks  in  Bureau 164, 166 

SCALE  BEAMS,  sealing  and  inspec- 
tion of —  see    "Weights   and 

Measures." 

SCAVENGERS,   Night,  licenses,  re- 
moval and  regulations 158 

Superintendent  of,  carts  of 166 

General  regulations,  concerning,  318  to  322 

SEAL  of  the  Corporation,  use  of —        46 
Mayoralty,  use  of 46 

SEALERS  of  Weights  and  Measures 

appointment  of,  how  made 173 

Ihtiies  of,  prescribed 330  to  335,  342 

Fees  of,  prescribed 334 

see  also  "Weights  and  Measures." 


SEARCHES  for  Arrears,  certificates. . 
For  Taxes,  Assessments,  &c.,  fees  for 


SECOND-HAND  ARTICLES,  dealers 

'   in,  license  to. ...  47,  405,  406,  409,  411 

Sureties 406 

Record  of  things  purchased 406 

Penalties 406,  407 

Sale  of  things  purchased,  when  to 

be  made 407 

Not  to  receive  pawns 407 

Amount  to  which  they  may  purchase  407 

Place  of  business,  to  be  designated .  408 

removal  of 412 

Purchases  from  minors,  servants,  &c.  409 

after  sundown 409 

Defacing  or  altering  goods 409 

Things  advertised,  information  of. .  410 

Things  stolen,  exhibition  of. 410 

Not  to  be  a  pawnbroker  or  junk 

dealer 410 

penalties 412 

Inspector  of,  who  to  act  as 412 


INDEX. 


605 


SEWERS,  PUBLIC— 

Cognizance  of,  under  whom,  134, 137,  247 
Construction  of,  under  whose  cogni- 
zance       135 

estimates  for 149 

to  be  authorized  by  Common  Coun- 
cil       137 

barriers  to  prevent  accidents..  .264  to  267 

regulations  as  to  gas  pipes 252,  253 

connecting  pipes  laid  to  curb 252 

Repairs  of,  regulations  as  to  gas 

Pipes 252,253 

under  whose  cognizance 135, 137 

estimates  for 149 

Pwrcing  or  opening,  under  whose 

direction 137,247 

to  be  made  by  persons  licensed 138 

Connections  with,  form,  size,  &c 247 

permits  for,  how  granted 247 

fees  for  permits 249 

general  regulations 248 

Cleaning   of,    under   whose    cogni- 
zance  135,137 

necessity  of,  to  be  reported 159 

Throwing  offal,  &c.,  in,  prohibited. .      250 

Filth  from,  by  whom  removed 275 

Injuring  or  obstructing,  regulations      250 

Inspector  of,  appointment,  &c 250 

SEWERS,  PRIVATE— 

Construction  of,  permission  for 137 

to  be  by  persons  licensed 138 

fee  for  permits 139 

fee  for  manufactories 139 

record  of  permits 140 

Penalties,  in  regard  to 138, 140 

SHAD,  meagre ,  regulations 345 

SHAVINGS,  throwing  in  streets 419 

Regulations,  concerning 229 

SHELLS/I,  stands  not  to  be  in  streets      422 

SHELLS,  throwing  in  streets 419 

SHOW  BILLS,  in  front  of  stores. ...      285 

SHOWS,  advertising  of 428 

SIDEWALKS.      See  "  Streets,   Side- 
walks" 

SIGNS,  obstructing  streets 284 

Regulations,  concerning 285 

SINKING  FUND,  general  provisions. .      190 

to  202 
For  redemption  of  City  Debt,   its 

sources ..190  to  192 


SINKING  FUND— 
For  the  payment  of  interest,  its 

sources 192  to  193 

Commissioners  of,  designated 193 

their  duties 193  to  196 

Moneys,  how  invested 193, 194, 195 

Property  of,  in  whose  charge 196 

SINKS  inspection  of,  in  whose  charge.      158 
Construction  of,  under  whose  cogni- 
zance       158 

regulations 317  to  322 

Examination  of,  regulations 321 

Cleaning  of,  necessity  to  be  reported      159 
Emptying  of,  register  to  be  kept 158 

permission  for 161 

Removal  of  contents,  regulations,  318  to  322 

Contents  of,  regulations 318  to  322 

Sale  of  night  soil,  regulations 321 

SKINNER'S  VATS,  regulations 416 

SKINS,  putr  id,  regulations 158, 165 

Unwholesome,  prohibited 416 

SLAUGHTER  HOUSES,  cleansing  of.      417 
SLAUGHTERED  animate,  offal  of...      417 

SLEIGHS,  public,  regulations 385, 395 

Hackney,  regulations 395 

Carting,  size  of 361 

,  to  be  attached  to  horses. . .  316 


SLIPS— 

Corporation,  leasing  of 291 

duties  of  lessees 292 

Wharfage,  rates  of. 297  to  300 

Filling  up  and  cleaning  of,  under 

whose  cognizance 78,  93 

Cleaning,  necessity,  how  reported. .  159 
Laying  of  vessels  in,  regulations,  292  to  297 
Laying  up  of  vessels  in,  regulations  300 

Incumbering,  wrecks 300 

cables,  lines,  &c 300 

masts  and  other  timber 301 

stages  or  platforms  in 301 

Incumbering,  clause  in  contracts. .      30 

throwing  dirt,  &c.,  in 301 

Careening  of  vessels  in,  regulations .  300 
For  hay  and  straw  boats,  designated  354 
Crosswalks  at  head  of,  obstructing.  287 
Smatt  boat  district,  leasing  of 291,  292 


606 


INDEX. 


SNOW— 
On    sidewalks,    leveling,    strewing 

ashes,  &c 276,277 

On  sidewalks  and  gutters,  removal  of     276 

On  crosswalks,  removal  of 277 

Before  public  buildings,  removal  of     273 

SPEED  of  vehicles  in  streets 360 

On  ivharves,  regulated 361 

SPRINKLING  streets.    See  "Streets 
Sprinkling." 

STABLES,  lamps  used  in 230 

STAGES  or  accommodation  coaches, 

general  provisions 376  to  385 

Owners,  license  of. 47,  376, 377 

name  and  number  to  be  given 385 

Drivers,  license  of 47,  377,  378 

name  and  number  to  be  given 385 

Stands  for,  regulations 378  to  381 

Stopping  places,  regulations 379 

Numbers  of,  regulations 382,  383 

Lamps  of,  regulations 382 

Horses  of,  their  number 377 

watering 383 

Speed  of,  regulated 360,  381 

Passing  other  vehicles,  regulations..  381 
Stopping  on  the  route,  regulations. 382,  383 
Passengers  taking  up  and  setting 

down 382 

Sleighs,  regulations 385 

Superintendence  of,  regulations 384 

Superintendent,  who  to  act  as  (un- 
der State  law) 582 

STALLS  in  markets.    See "  Markets." 
STANDARD  of  weights  and  measures 

deposit  of,  where 335 

Adjustment  of,  regulations 331 

STANDS  in  markets.  See  "Markets" 
STATION  HOUSES,  list  of  officers  of 

Fire  Department,  to  be  placed  in      227 
STATIONERY  for  Corporation    of- 
fices, under  whom  supplied 79, 104 

For  courts,  by  whom  supplied 104 

STEAMBOATS,  ringing  of  bells 302 

Soliciting  passengers  for,  regulations  302 
Laying  of,  at  wharves,  regulations,  292 

to  297 

STEEL-YARDS,  sealing  and  inspec- 
tion of.  See  "  Weights  and  Mea- 


STEPS,  extent  of,  in  the  streets 281,  282 

removal  of 284 

STOCKS,  city- 
Purchase  of,  by  Commissioners  of 

Sinking  Fund 193 

The  New  York  City  Stock 482 

The  Water  Stock  of  the  City  of  New 

York 486 

The  Fire  Loan  Stock  of  the  City  of 

New  York 492 

The  Public  Building  Slock  of  the 

City  of  New  York 501, 505 

The  Fire  Indemnity  Stock  of  the 

City  of  New  York 504,  506 

The  Floating  Debt  Stock  of  the  City 

of  New  York 507 

The  Croton  Water  Stock 508 

Building  Loan  Stock,  No.  2 511 

Washington  Square  Iron  Railing 

Stock 515 

Ihe  Water  Stock  of  the  City  of  New 
York  for  the  year  one  thousand 
eight  hundred  and  forty-nine. ..  516 

Building  Lvan  Slock,  No.  3 519 

Public  Bwlding  Stock,  No.  3 521 

Hie  New  York  City  five  per  cent. 

Stock  for^Docks  and  Slips 525 

Building  Loan  Stock,  No.  4 527 

The  Public  Education  Stock  of  the 
City  of  New  York,  for  the  year 

1853 529 

The  Central  Park  Fund 530 

The  Water  Stock  of  the  City  of  New 

York,  for  the  year  1854 535 

The    Central   Park    Improvement 

Fund 536 

The  Public  Stock  for  Rebuilding 

Tompkins  Market 539 

Assessment  Bonds 540 

Miscellaneous  Debts  of  the  City —      641 
STOOPS,  extent  of,  in  street. .......  281,  282 

Removal  of,  regulations 284 

STORES,  exhibiting  goods,  in  front  of     285 

Hoistways  in 229 

STOVEpipes,  penalty  for  taking  fire. .       229 
ST  PATRICK'S  Cathedral,  removal  of 

bodies 441 

STRAW,  keeping  of,  regulations 

Sale  and  cartage  of,  regulations. . . ,      353 
Slips  for  boats,  designated 354 


INDEX. 


607 


STRAW— 

Car/men,  regulations 353 

throwing  in  streets,  prohibited 419 

STREET  COMMISSIONER— 

Charier,  provisions  respecting 27 

Vacancy,  how  supplied 89 

V   Duties  of,  prescribed 80  to  88 

Office  of  clerks,  their  duties,  &c 89,  90 

Chief  Clerk  in 89 

ContractClerk  in 89 

Bookkeepers  in 90 

Map  clerk  in 90 

General  Clerks  in 90 

Messengers  in 90 

Report  oj,  quarterly 176 

STREET  DEPARTMENT,  charter  pro- 
visions         26 

General  provisions,  concerning.  .78  to  121 

General  cognizance  of. 78 

Contracts  in,  by  whom  made 80 

STREET  IMPROVEMENTS— 
Bureau  of,  general  provisions,  79,  91  to  93 

Clerks  in 92 

Superintendent  of,  functions,  &c.  .91  to  93 
STREET  INSPECTORS,  duties,  &c. . .      165 
STREETS— 
Accidents  by  vehicles,  prevention  of  359, 360 

barriers  for  prevention  of 264  to  267 

Altering,  under  whose  cognizance,  78,  79, 91 

legal  proceedings  for 122 

STREETS— 
Areas,    See  "  Areas." 
Ashes  and  cinders,  not  to  be  thrown 

in 421 

Awning  posts,  regulations 282  to  284 

Harriers  in,  to  prevent  accidents.264  to  267 

Sooths  or  stands  in,  prohibited 423 

Building  materials  in,  barriers,  264  to  267 

Building  rubbish,  removal  of. 420 

Carriage-ways   of,    paving    under 

whose  cognizance 134 

paving,  report  on  applications 141 

paving,  how  done  and  under  whose 

direction 237 

paving,  advertising  for  contracts. .      141 

paving,  regulations 238,  239 

pavements  and  repairs,  record  to 

be  kept 240 

paving,  estimates  for 149 

paving,  may  be  by  private  owners      237 


STREETS— 

paving,  inspector  of 149 

repaving, under  whose  cognizance.  134 
repaying,  report  on  applications . . .  141 
repaving,  advertising  for  contracts  141 

repaving,  estimates  for 149 

repairing,  under  whose  cognizance  134 
repairing,  report  on  applications. .  141 
repairing,  estimates  for  contracts. .  141 
repairs  of,  to  be  first  reported  to 

Common  Council ,      140 

repairs  of  pavements,  at  whose  ex- 
pense       237 

repairing,  who  to  employ  men 149 

breaking  of  pavements  by  Gas  Com- 
panies        239- 

pavements,  permission  to  take  up. .      288 

protection  of  new  pavements 239,  240 

constructing,  &c.,  of  railroads  tfn. .      542 

Carts  incumbering,  regulations 359 

may  stand  before  owner's  premises 

' 366, 367 
and  vehicles,  not  to  stand  crosswise      360 

Cession  of,  regulations 60 

Cattle  in,  impounding 433  to  437 

Cleaning   of,   under    whose   cogni- 
zance  157,163 

contract  districts 271 

how  often  to  be  swept 271,  272 

removal  of  garbage 271 

estimates  for 163 

Cleaning  of,  bills  for,  how  audited..      164 

complaints  against  contractors 161 

neglects,  how  reported 163 

opening  hydrants  for 155 

use  of  Croton  water,  for 161 

Crosswalks,  stopping  of  vehicles  on . .      360 

obstructing  of 287 

Curbing,  under  whose  cognizance, 78, 79,91 

Dead  animals  in,  removal  of 322,  419 

not  to  be  thrown  in 417 

Digging  down,  barriers  to  be  erected 

264  to  267 

Driving  horses  in,  regulations 315 

turning  corners 360 

Drying  of  clothes  in,  prohibited 428 

Dumping  earth  in,  regulations 288 

Excavating,  barriers  to  be  erected. . 

264  to  267 


608 


INDEX, 


STREETS— 

Fences  in,  regulations 284 

Fences  along,  regulations 327 

Firing  of  cannon  in,  regulations. . .      234 
Flagging  of  sidewalks,  see  "  Streets 

Sidewalks." 

Games  of  chance  in,  prohibited 427 

Garbage,  not  to  be  thrown  in 419 

barrels  to  be  placed  in 428 

Gas  pipes  in,  protection  of 252  to  254 

Grading,  under  whose  cognizance,  78,79, 91 
Guttering,  under  whose  cognizance  78, 79, 91 

Gutters,  throwing  liquids  in 421 

Horses  running  at  large  in *  . . .      315 

See  also,  "  Driving  of  horses  in 

streets." 

Incumbrances,  prohibited. .  .83,  280  to  288 
See  also,  "  Incumbrances." 

Kites,  flying  of. 427 

Lighting,  under  whose  cognizance. . 

78,  79,  99 

Lots,  conformity  of 326 

Merchandize,  exhibition  of. 285 

Monuments  designating,  preserva- 
tion^       268 

Moving  buildings,  regulations 288 

Noxious  things,  not  to  be  thrown  in, 

417,  419 

Nuisances,  not  to  be  thrown  in 417,  419 

removal  by  police  (understate  law)      582 
removal  of,  under  the  ordinances. .      426 

Numbering  of,  regulations 269, 270 

Obstructions  of,  regulations 280  to  288 

Offal,  &c.,  not  to  "be  thrown  in 419 

Opening,  under  whose  cognizance,  78, 79, 91 

legal  proceedings  for 122 

Openings  under,  to  be  considered 

vaults,  &c 259 

see  "Vaults." 

Oyster  and  shell  fish  stands 422 

Paving — see  "Streets,  carriage-ways 
of." 

Posts  in,  permit  for  erecting 282 

removal  of 284 

Public  worship  in,  regulations 313 

Putrid  things,  not  to  be  thrown  in. .  417 

Raising  goods  outside  of  buildings. .  286 

Railings  in,  regulations 284 


STREETS— 

Railways,  construction,  repairs,  &c .      542 
Regulating,  under  whose  cognizance 

78,  79,  91 

Removing  dirt,  &c . ,  regulations ....      287 
Repairing—see  "  Streets,  carriage* 

ways  of." 

Repaving— see   "Streets,  carriage- 
ways of." 

/Sales  in,  generally 307  to  312 

time  of. 307 

advertising  of. 309 

of  certain  articles  prohibited 309 

of  food 310 

of  firewood 312 

of  tin  ware  and  other  things 312 

of  furniture 307 

Sidewalks — 

Ranging  of 244 

width  of,  regulated 241 

height  regulated 241 

flagging,  under  whose  cognizance  78,79,91 

flagging,  materials  for 241, 242 

flagging,  its  extent 242 

flagging,  removal  of 242 

flagging,  by  whom  ordered 243,  244 

flagging,  by  whom  to  be  done 244 

flagging,  who  to  repair 244, 287 

curb  stones,  laying  of 243 

gutters  across,  regulations 421 

vaults  under,  see  "  Vaults." 
cisterns  under,  see  "  Cisterns." 

injuring,  who  to  repair 287 

garbage  and  ash  barrels 428 

snow  and  ice,  removal  of 276 

snow  and  ice,  strewing  sand  and 

ashes 276,277 

carts  and  vehicles  on,  prohibited. .      360 

driving  on,  regulations 286,  287,  315 

obstructing,  regulations 286, 287 

goods  exhibited  on,  regulations 285 

signs  on,  regulations 285 

raising  goods  outside  of  buildings. .      286 

sales  at  auction,  regulations 310 

washing  of,  use  of  Croton  water. . .      155 
penalties  for,  account  to  be  kept. ..      246 

inspector  of,  appointment,  £c 92 

openings  under 259 

Signs  in,  regulations, , 284,  285 


INDEX. 


609 


STREETS— 

Snow  and  ice,  removal  of 276  to  278 

Speed  of  vehicles  t  regulations 360 

Spilling  of  dirt  on,  from  carts 239 

Sprinkling,  license  to  sprinklers. .  .152, 153 

form  and  size  of  sprinklers 152 

regulations  for  carts 153 

Stages  in,  regulations 378  to  385 

Swul  and  swill  carts,  regulations  .422, 423 
Stoops,  balconies, platforms,  &c,  280  to  288 

Swine  in,  impounding 433  to  437 

Trees  in,  regulations 285, 286 

Vehicles  in,  passing  to  the  right 360 

Washing  of  clothes  in,  prohibited. . .      428 
Widening,  legal  proceedings 122 

SUND  A  YS,  firing  of  fire-arms  on....     235 

.SUPERINTENDENT— 

Of  fire  apparatus,  appointment,  du- 
ties, &c 110 

Of  Lamps  and  Gas,  charter  provi- 
sions         27 

duties,  &c 99  to  101 

Of  Lands  and  Places,  duties,  &c..  97  to  99 

Of  Markets,  charter  provisions 30 

duties,  salary,  &c 166 

clerk  to 169 

Of  market  rents  and  fees,  duties,  &c.        68 
Of  Repairs  and  Supplies,   charter 

provisions 27 

duties,  salary,  &c 102  to  104 

assistant  to 103 

Of  Roads,  charter  provisions 27 

duties,  salary,  &c 95  to  97 

Of  Sanitary  Inspection,  charter  pro- 
visions         30 

duties,  salary,  &c 162  to  166 

Of  Street  Improvements,  charter  pro- 
visions         27 

duties,  salary,  &c 91  to  93 

Of  Wharves,  charter  provisions 27 

duties,  salary,  &c 93  to  95 

SUPPLIES  for  Corporation- 
cognizance  of,  under  whom,  79, 80, 104  to  103 
when  not  otherwise  prescribed. ...        79 
Contracts  for,  general  provisions  177  to  189 
see  also  "  Contracts." 

Vouchers  for  money  disbursed 175 

SUPERVISORS,  their  legal  adviser. . .      123 
6  URVEYING,  provisions  concerning . .      119 
41 


SURVEYORS,    fees   for   Corporation 

work 119tol21 

SWAMP  Beekman,  tanners'  vats 416 

SWEEPINGS,  removal  of 271  to  275 

SWILL  AND  SWILL  CARTS,  regula- 
tions   422,423 

SWINE,  impounding  of 289, 433  to  437 

T. 

TANNERS'  vats,  regulations 416 

TAXES,  apportionment,  how  made. . .  61 

Arrears  of,  how  collected 72 

bills  for 74 

Receiver  of ',  bureau  established 71 

see  also  "  Receiver  of  Taxes." 

Sales  for,  cognizance  of. 73 

Searches  for  fees 73 

TIN  WARE,  sale  of  in  streets 309 

TREES,  regulations  concerning 285,  286 

TROUT,  sale  of  in  markets 350 

V. 

VATS  Tanner's,  regulations 416 

VAULTS  Street,  cognizance  of. 134 

Construction  rf,  under  sidewalks..  .256,  257 

erecting  barriers 264  to*?67 

permission  by  whom  given  .......  256 

fee  for  permit 256 

gas  pipes  how  protected 253 

Grates  and  coverings  of,  regulations  259 

Cleaning  of,  necessity  how  reported  159 
VEGETABLE— 

Wagons,  license  for 430 

penalty 431 

exception] 432 

regulations 430 

Throwing  in  streets,  prohibited 419 

VESSELS— 

Laying  at  wharves,  regulations  292  to  297 
Wharfage  rales,  established. . .  297  to  300 
2aking  battast,  earth,  &c.,  from 

wharves 300 

Anchors,  not  to  be  cast  in  ships,  &c .  300 

Cables,  and  lines  of,  regulations 300 

Wrecks,  not  to  incuraber  slips 300 

Careening  of,  at  public  wharves 300 

Laying  up  of,  in  slips,  regulations. . .  300 
Laying  across  heads  of  piers,  regu- 
lations   300 

Soliciting  passengers  for,  regulations  302 


610 


INDEX. 


VESSELS— 
Hay  and  straw,  slips  designated  . . .       354 

Lime,  regulations 354 

Receiving  contents  of  privies 320 

For  collecting  junk,  &c.,  license  for .  411, 412 

VOUCHERS,/or  money  received  or 

disbursed,  .regulations 175, 176 

W. 
WAGONS,  passing  of  other  vehicles.. .      360 

For  collecting  junk,  &c.,  license 411,  412 

For  sale  of  kindling  wood,  license, 

&c 430  to  432 

For  sale  of  wooden  ware,  license, 

&c 430  to  432 

For  Sale  of  vegetables,  license,  &c., 

430  to  432 
For  sale  of  charcoal,  license,  &c.,  430  to  432 

For  sale  offish,  license,  &c 430  to  432 

For  sale  of  brooms,  license,  &c.  .430  to  432 
For  sale  of  fruit,  license,  &c. .  .430  to  432 
Market— See  "  Markets." 

WALL,  street,  sweeping  of 272 

WARRANTS  on  Chamberlain,  draw- 
ing, &c 57 

when  to  be  paid 75 

WASHING  of  Cloths,  &c.,  in  street. . .      428 
WASHINGTON  Parade  ground,  cat- 

tlein,&c 435 

WATER— See  "  Croton  Water." 

Commissioners  (former),  suits  against,  134 

Grants,  rates,  how  fixed 199 

by  whom  issued 199 

rates,  how  paid 200 

covenants,  in 200 

construction  of  piers  and  bulkheads,     200 

making  land 200 

Purveyor,  charter  provision 31 

bureau  of 148 

duties,  salary,  &c 148  to  150 

clerks  in  bureau  of 150 

Registrar,  charter  provisions 31 

duties,  salary,  &c 141  to  148 

Bureau  of 141  to  148 

clerks  in  bureau 141  to  148 

Deputy,  duties,  &c 142 

accountant 142 

Rents,  scale  of 143  to  148 

Pipes— See  "  Pipes." 


WATER— 

Lot  quit-rents,  sale  of. 60' 

Standing,  prohibited 416- 

Supply  of,  who  responsible  for 135 

From    manufactories,    running    in 

streets 422 

WEIGHTS  AND  MEASURES— 
Sealing  and  inspecting  of,  districts 

defined 330,331 

weights,   &c.,   to  be   sealed    and 

marked 331 

standard,  how  adjusted 331 

penalty  for  using  weights  and  mea- 
sures not  sealed  and  marked 331 

penalties  for  using  weights  and  mea- 
sures not  according  to  standard .  331 
weights  and  measures,  how  often 

to  be  inspected 332 

fees  of  Inspectors 332 

rules  of  inspection 333- 

fees,  how  often  to  be  charged 335 

record  of  inspection 333 

report  of  incorrect  weights,  &c  —  333 

register,  where  deposited 334 

report  of  violations  to  the  Corpora- 
tion Attorney 334 

Inspectors  and  Sealers,  not  to  sell 

weights  or  measures 334 

fees  of  Sealers 334 

standard  of  weights  and  measures 

where  to  be  deposited 335 

Sealing  and  Inspection  of,  under  whose 

cognizance 1ST 

Inspectors,  by  whom  appointed 173 

Sealers,  by  whom  appointed 173 

Bureau  of,  established 157, 173 

WEIGHTS  used  in    markets,  to  be 

sealed 342 

WELLS,  public,  cognizance  of 134 

report  on  applications  for 141 

construction,  at  whose  expense 141 

not  to  be  built  in  avenues '. . . .  261 

See  "  Wells  and  Pumps." 

WELLS  AND  PUMPS- 

Applicalions  for,  to  whom  made. . .  261 

Construction  of,  contracts 141 

Protection  of,  from  injuries 262,  263 

Removal  of,  regulations 262 

Taking  water  from,  regulations. .  .262,  263 


INDEX. 


611 


WHARVES— 

Wharfage,  rates  of 297  to  300 

Bureau  of,  provisions  respecting.79,  93  to  95 

Clerk  in,  duties,  &c 95 

Foreman  in 95 

Building  of,  cognizance  of. .  .78,  79,  93,  99 
Repairing  of,  cognizance  of.  .78,  79,  93,  99 

Lighting  of,  cognizance  of 78,  79,  93,  99 

Superintendent  of  duties,  &c 93  to  95 

Leasing  of,  those  of  the  Corporation.291,  292 

Lessees  of,  their  duties,  &c 292 

Materials  for  work  on  vessels 301 

Laying  of  vessels  at,  regulations 292 

to  297 

Carts  and  vehicles  on,  regulations.360,  361 
For  scavenger  vessels,  regulations..      320 

For  garbage  boats,  assigned 418 

Vessels  with  hay,  straw  or  lime..  .353,  354 

Careening  of  vessels  at 300 

WHIRLIGIGS,  prohibited 428 

WHITEHALL  street,  sweeping  of. ...      272 
WINDOWS,  regulations 281 


WINDOWS— 

Removal  of,  regulations 284 

WITNESSES  before  Committees 46 

WOOD,  kindling,  license,  &c.,  of  wa- 
gons  430  to  432 

See  "  Firewood." 

WOODCOCK,  sale  of,  in  markets 350 

WOODSAWYERS,  sates  of  firewood 

by 352 

WOODEN  WARE,  sates  of,  in  streets .      309 

Wagons,  license  for 430,  431 

WORK  for  Corporation 

Contracts  for,  regulations 177  to  189 

See  also  ','  Contracts." 

Done  by  contract,  proof  of  work 188 

Not  done  by  contract,  Inspectors  of.      103- 

Vouchers  for  money  disbursed 175 

Cognizance  of 79* 

Under   Street    Department,   provi- 
sions respecting 81,  82,  85, 102: 

YARDS,  cleaning  of,  necessity ,  how  re- 
ported        1591 

Corporation.    See  "  Corporation  Yards." 


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